Asia Investments Private Limited v. Joint Commissioner Of Income Tax (Osd),Circle - 2(1), Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO. 1147 OF 2018 Asia Investments Private Limited..Appellant Versus Joint Commissioner of Income Tax (OSD),Circle - 2(1), Mumbai..Respondent ................... Mr. Sanjiv Shah, Advocate for the Appellant.Mr. Sanjiv Shah, Advocate for the Appellant. Mr. Suresh Kumar, Advocate for the Respondent.Mr. Suresh Kumar, Advocate for the Respondent. ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : FEBRUARY 18, 2021. P.C.: Heard Mr. Shah, learned counsel for the appellant andMr. Suresh Kumar, learned standing counsel revenue for therespondent. 2. This appeal under section 260A of the Income Tax Act,1961 has been preferred by the assessee as the appellantagainst the order dated 29.09.2017 passed by the IncomeTax Appellate Tribunal, 'H' Bench, Mumbai in I.T.A. No.832/Mum/2016 for the assessment year 2001-02. 3.The appeal is pending for admission. 4.Today the appeal is before us on a praecipe filed bylearned counsel for the appellant. 5.It is submitted that Parliament has enacted the DirectTax Vivad se Vishwas Act, 2020 (briefly 'the Act' hereinafter)providing for a scheme for resolution of tax disputes.Appellant has filed a declaration under section 3 of the saidAct before the Designated Authority which had thereafterissued a certificate under section 5(1) of the said Actdetermining the amount refundable to the appellant.However, for passing of the final order under section 5(2) ofthe said Act, appellant is required to withdraw the appeal interms of section 4(3) thereof. Hence, the prayer forwithdrawal of the appeal. 6.Learned counsel for the respondent has no objection tothe prayer made for withdrawal of the appeal. 7.Considering the above, we allow the appellant towithdraw the appeal. Accordingly, the appeal is disposed ofas withdrawn. 8.Refund as per Rules. [ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ] Digitallysigned byRavindraRavindra M.M.AmberkarDate:Amberkar2021.02.1914:40:36+0530