MAHINDRA WATER UTILITIES LIMITED,MUMBAI vs. ACIT, 6(3), MUMBAI

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ITA 1110/MUM/2019Status: DisposedITAT Mumbai22 December 2020AY 2008-092 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal, finding bonafides in the assessee's petition. The appeal was admitted for hearing on merits, allowing the assessee to pursue settlement under the Vivad Se Vishwas scheme.

What were the facts?

The assessee filed an appeal against an order related to assessment year 2008-09. The appeal was filed with a delay. The assessee wished to opt for the Vivad Se Vishwas scheme.

What were the issues?

Whether the delay in filing the appeal should be condoned to allow the assessee to avail the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

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

2.

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.

4.

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.

5.

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

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