Ace Impex v. Asst. Commissioner Of Income-Tax, 12(1

(2)-ITXA-1280-15.doc. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1280 OF 2015 ACE Impex Versus ..Appellant Asst. Commissioner of Income-Tax, 12(1) ..Respondent Mr. Kiran Jain, Advocate for the Petitioner.Mr. N. C. Mohanty h/f Mr. P. C. Chotaray, Advocate for the Respondent. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : 10[th] MARCH, 2021 P.C. Heard Mr. Kiran Jain, learned counsel for the appellant andMr. N. C. Mohanty holding for Mr. P. C. Chotaray, learned counsel for therespondent. 2. This appeal has been preferred by the assessee as the appellantunder section 260A of the Income Tax Act, 1961 against the order dated23.01.2015 passed by the Income Tax Appellate Tribunal, “A” Bench,Mumbai in ITA No.2329/Mum/2011 for the assessment year 2004-05. 3. The appeal was admitted by this Court by order dated29.08.2018 on the substantial questions of law framed in the said order. 4. Today the appeal is before us on a praecipe filed by learnedcounsel for the appellant. 1 of 2 Balaji G.Panchal Digitally signed byBalaji G. PanchalDate: 2021.03.1016:27:51 +0530 (2)-ITXA-1280-15.doc. 5. It is stated that Parliament has enacted the Direct Tax Vivad seVishwas Act, 2020 providing for a scheme for resolution of tax disputes. Interms thereof, appellant has filed declaration under section 3 before thedesignated authority. Designated authority has issued certificate undersection 5(1) determining the amount payable. For passing of the finalorder under section 5(2), appellant is required to withdraw the appealunder section 4(3) and to furnish proof of withdrawal along withintimation of payment, if any, to the designated authority. Hence, prayerfor withdrawal of the appeal. 6. Learned counsel for the respondent has no objection to theprayer made. 7. Having regard to the above, we allow withdrawal of the appeal. 8. Appeal is accordingly disposed of as withdrawn. 9. Refund as per rules. MILIND N. JADHAV, J UJJAL BHUYAN, J BGP. 2 of 2