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2017 (7) TMI 360 - AT - Income TaxCondonation of delay - settlement commission proceedings - Held that:- The assessments have been reopened on 31.12.2008, but before any assessment could be passed petitions for other years admitted by the Settlement Commission were also abated on 31.3.2008 because of the amendment made in the Income Tax Act by way of Finance Act, 2007. Thus, a very vexed situation developed. On one hand, the assessee has filed writ petition before the Hon’ble High Court challenging order of the Settlement Commission dated 31.3.2008 vide which, their applications admitted for consideration for some of the years, were treated as abated by operation of law. On the other hand, the AO has initiated reassessment proceedings in some of the years giving a belief to the assessee that now the proceedings are pending in other years. They can also be taken into Settlement Commission. The important fact which weigh with us for accepting bonafide of the assessee is that even in 2013, the ld.CIT(A) has haboured a belief that proceedings are pending before the Settlement Commission, and therefore, the ld.CIT(A) has no jurisdiction to entertain the issue agitated by the assessee on merit. This findings of the ld.CIT(A) supports bona fide of the assessee in believing that their applications under section 245E would be entertained by the Settlement Commission and there is no need to challenge the order of the CIT(A). It is also important to note that there is no adjudication on merit on the issues involved in these appeals by the ld.CIT(A). The appeals were dismissed for the reason that they are not maintainable. Considering this aspect and in the interest of justice, we deem it appropriate to condone the delay in filing the appeal. We proceed to decide the appeal on merit.
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