Chandbibi Zaidi v. Asst. Commissioner Of Income Tax & Anr

Digitallysigned byBalajiG.PanchalBalaji G.PanchalDate:2021.01.2015:05:02+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.68 OF 2011 Chandbibi Zaidi ..Appellant Versus Asst. Commissioner of Income Tax & Anr. ..Respondents Mr. Jitendra Singh, Advocate for the Appellant.Mr. Sham Walve, Advocate for the Respondents. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : 19[th] JANUARY, 2021 P.C. Heard Mr. Jitendra Singh, learned counsel for the appellantand Mr. Sham Walve, learned standing counsel revenue for therespondents. 2. This appeal has been preferred by the assessee as the appellantunder section 260A of the Income Tax Act, 1961 against the order dated13.08.2010 passed by the Income Tax Appellate Tribunal, “C” Bench,Mumbai in ITA No.1655/Mum/2009 for the assessment year 2002-03. 3. The appeal was admitted by this Court by order dated04.01.2012 on the substantial questions of law framed in the said order. 4. The appeal is before us today on praecipe filed by learnedcounsel for the appellant. 1 of 2 (10)-ITXA-68-11.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 issued a certificate undersection 5(1) of the said Act on 14.12.2020. For passing of the final orderunder section 5(2), appellant is required to withdraw the appeal undersection 4(3) and to furnish proof of withdrawal along with intimation ofpayment, if any, to the designated authority. Hence, prayer for withdrawalof 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 Appeal is accordingly disposed of as withdrawn. 9.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. 10.This order will be digitally signed by the Personal Assistant ofthis Court. All concerned will act on production by fax or email of adigitally signed copy of this order. MILIND N. JADHAV, J UJJAL BHUYAN, J 2 of 2