Digitallyminalsigned Byminal v. Parabv.date:2021.01.12Parab12:40:48+0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.178 OF 2014 Hathway Investments Private Limited…AppellantVs.Additional Commissioner of Income Tax,Special Range-50…Respondent Ms. Tasneem Zaveri i/b. Kanga & Co. for Appellant.Mr. Arvind Pinto for Respondent. CORAM : UJJAL BHUYAN &MILIND N. JADHAV, JJ.DATE :JANUARY 11, 2021 P.C.: Heard Ms. Tasneem Zaveri, learned counsel for the appellant andMr. Arvind Pinto, learned standing counsel Revenue for the respondent. 2.This appeal under section 260-A of the Income Tax Act, 1961 hasbeen preferred by the assessee against the order dated 07.08.2013 passedby the Income Tax Appellate Tribunal, 'I' Bench, Mumbai in I.T.A.No.4069&7317/Mumbai/2002 for the assessment year 1995-96. 3.The appeal was admitted by this Court on 28.06.2017 on thesubstantial question of law framed in the said order. 4.Today the appeal is before us on praecipe filed by learned counselfor the appellant. 5.Ms. Zaveri submits that Parliament has enacted the Direct TaxVivad se Vishwas Act, 2020 (briefly ‘the Act’ hereinafter) providing for ascheme for settlement of tax disputes. In terms of the said scheme,appellant had filed declaration under section 3 thereof before theDesignated authority. Designated Authority had issued a certificate under section 5(1) of the said Act. However, before passing of the finalorder under section 5(2) of the said Act, appellant is required towithdraw the appeal under section 4(3) thereof. Hence, the prayer forwithdrawal of the appeal. 6.Learned counsel for the respondent has no objection to the prayermade for withdrawal of the appeal. 7.Considering the above, we allow the appellant to withdraw the appeal. 8.Appeal is accordingly disposed of on withdrawal. 9.Refund as per Rules. 10.This order will be digitally signed by the Private Secretary of thisCourt. All concerned will act on production by fax or email of a digitallysigned copy of this order. (MILIND N. JADHAV, J.) (UJJAL BHUYAN, J.) Minal Parab