Cipla Ltd v. Asstt. Commissioner Of Income Taxcentral Cir. 2, Mumbai & Anr

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO. 2168 OF 2010 Cipla Ltd Versus Asstt. Commissioner of Income TaxCentral Cir. 2, Mumbai & Anr. ..Appellant ..Respondents ................... Mr. Netaji Gawade a/w Mr. Aditya Thorat i/by Sanjay Udeshi & Cofor the Appellant Mr. Netaji Gawade a/w Mr. Aditya Thorat i/by Sanjay Udeshi & Cofor the Appellant Ms. Swapna Gokhale h/f Mr. Suresh Kumar for the RespondentsMs. Swapna Gokhale h/f Mr. Suresh Kumar for the Respondents ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : JANUARY 20, 2021. P.C.: Heard Mr. Gawade, learned counsel for the appellantand Ms. Gokhale, learned counsel holding brief for Mr.Suresh Kumar, learned standing counsel revenue for therespondents. 2. This appeal under section 260A of the Income Tax Act,1961 has been preferred by the assessee as the appellantagainst the order dated 29.7.2009 passed by the Income TaxAppellate Tribunal, 'K' Bench, Mumbai in I.T.A. No.7285/Mum/2007 for the assessment year 2002-03. 3.The appeal was admitted by this Court on 16.07.2012 on the substantial question of law framed in the said order. 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 payable by the appellant. However,for passing of the final order under section 5(2) of the saidAct, appellant is required to withdraw the appeal in terms ofsection 4(3) thereof. Hence, the prayer for withdrawal of theappeal. 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 to withdraw the appeal. Accordingly, the appeal is disposed of as withdrawn. 8.Refund as per Rules. [ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ] Digitally signedRavindraby Ravindra M.AmberkarM.Date:Amberkar2021.01.2111:39:52+0530