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2021 (4) TMI 1068 - AT - Income TaxCondonation of delay - delay of 266 days in filing the appeal - HELD THAT:- We find the reason for the delay was due to Post demerger activities between the assessee and its group companies and finalization of accounts of its listed companies during the relevant period due to which the assessee could not file the appeal within the stipulated time. Considering the same and since the assessee desires to avail the Vivad-se-Vishwas scheme for the A.Y. 2013-14, in the interest of justice, We hereby condone the delay of 266 days in filing the appeal before the Tribunal and proceed to hear the appeal. We are inclined to treat the instant appeal of the assessee as withdrawn relying on the decision of the Hon'ble High Court of Madras in the case of DCIT vs. M/s. Keyaram Hotels[2020 (11) TMI 142 - MADRAS HIGH COURT]. Accordingly, we hereby dismiss the instant appeal of the assessee for the A.Y. 2013-14 as withdrawn. However, we also make it clear that, if the assessee's case is not accepted in the Vivad-se-Vishwas Scheme by the Revenue for whatsoever may be reason on a subsequent date, then the assessee shall be at liberty to file Miscellaneous Petition before the Tribunal within the time limit prescribed under the Act to reinstate its appeal.
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