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Income Tax Appellate Tribunal, MUMBAI “D” BENCH, MUMBAI
O R D E R Per Bench : 1. By way of this appeal, the assessee appellant has called into question correctness of the order dated 12.03.2015 passed by the learned CIT(A)-13, Mumbai in the matter of assessment u/s.271(1)(c) of the Income Tax Act, 1961, for the assessment year 2008-09
When this appeal was taking up for hearing today it was noticed that the assessee has filed petition seeking condonation of delay.
Page 2 of 2 3. The assessee wishes to opt for Vivad Se Vishwas scheme and he can do so only upon the delay being condoned and the appeal being adjudicated on merits. In any case, having perused the petition, we are satisfied about bonafides of delay.
Shri Bharat Andhale, Departmental Representatives submits that he has no objection to the delay being condoned only for the reason that the assessee is opting for settlement of pending dispute under Vivad Se Vishwas scheme. It is for this short reason that he is not opposing the condonation petition.
In view of the discussions and bearing in mind the entirety of the matter, we deem it fit and proper to condone the delay and admit the appeal for hearing on merits. In the meantime, as is the assessee has given an assurance to us-which is taken on record, the assessee may opt for settlement of dispute under Vivad Se Vishwas scheme. Order accordingly.
Pronounced in the open court today on the 22nd December, 2020