Advance Construction Co. Pvt. Ltd v. Additional Commissioner Of Income Tax - 8 (1)& Anr

Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO.180 OF 2016 Advance Construction Co. Pvt. Ltd. .. Appellant Versus Additional Commissioner of Income Tax - 8 (1)& Anr. .. Respondents ................... Ms. Neha Paranjape i/by Mr. Jitendra Singh for the Appellant. Mr. Suresh Kumar for the Respondents. ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : MARCH 09, 2021. P.C.: Heard Ms. Neha Paranjape, learned counsel for the appellant and Mr. Suresh Kumar, learned counsel for the respondents. 2. This appeal under section 260A of the Income Tax Act, 1961has been preferred by the assessee as the appellant against the orderdated 25.03.2015 passed by the Income Tax Appellate Tribunal, 'A'Bench, Mumbai in I.T.A. No.2597/Mum/2010 for the assessment year2006-07. A' 3. The appeal was admitted by this Court on 06.08.2018 on thesubstantial question of law framed in the said order. 4. Today the appeal is before us on a praecipe filed by learnedcounsel for the appellant. 5. It is submitted that Parliament has enacted the Direct Tax Vivadse Vishwas Act, 2020 (briefly 'the Act' hereinafter) providing for ascheme for resolution of tax disputes. Appellant has filed a declarationunder section 3 of the said Act before the Designated Authority whichhad thereafter issued a certificate under section 5(1) of the said Actdetermining the amount refundable to the appellant. However, forpassing of the final order under section 5(2) of the said Act, appellantis required to withdraw the appeal in terms of section 4(3) thereof.Hence, the prayer for withdrawal of the appeal. 6. Learned counsel for the respondent has no objection to theprayer made for withdrawal of the appeal. 7. Considering the above, we allow the appellant to withdraw theappeal. Accordingly, the appeal is disposed of as withdrawn. 8. Refund as per Rules. [ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ] RavindraDigitally signedby Ravindra M.M.AmberkarAmberkarDate: 2021.03.0916:26:07 +0530