ORDER

1. Leave granted.

2. The Challenge in this appeal is to an order dated 31 st January, 2017 passed by the High Court of Bombay by which delay of 134 days in filing Maharashtra Value Added Tax Appeal (L) No.42 of 2016 under Section 27 of the Maharashtra Value Added Tax Act, 2002 (for short, "the Act, 2002") has been condoned.

3. Contending that the provisions of the Act, 2002 do not confer any power of condoning the delay and the provisions of Section 5 of the Limitation Act, 1963 will have no application, this appeal has been filed by the assessee.4. We have heard learned counsel for the parties.

5. Section 27 of the Act, 2002 provides a limitation of 120 days, with effect from the date of the Order appeal against, for filing an appeal to the High Court. No power of condonation of any delay that may have occurred is provided for under the Act. Section 80 of the Act, 2002, however, provides that in computing the period of limitation laid down under Sections 25, 26 and 27 of the Act, 2002 the provisions of Sections 4 and 12 of the Limitation Act, 1963, so far as may be, apply. Section 5 of the Limitation Act is expressly excluded by Section 80 of the Act.

6. In a recent pronounc