Dr. Arvind A. Dadia v. Income - Tax Officer, Ward - 14 (1) (Now Ward 11(2) - 1

Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO. 561 OF 2002 Dr. Arvind A. Dadia .. Appellant Versus Income - tax Officer, Ward - 14 (1) (now ward 11(2) - 1). .. Respondent ................... Ms. Neha Paranjape i/by Jitendra Singh for the Appellant. Mr. Suresh Kumar for the Respondent. ................... 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 respondent. 2. This appeal under section 260A of the Income Tax Act, 1961has been preferred by the assessee as the appellant against the orderdated 03.01.2002 passed by the Income Tax Appellate Tribunal, 'D'Bench, Mumbai in I.T.A. No.1240/Mum/2000 for the assessment year1994-95. 3. The appeal was admitted by this Court on 06.08.2004 on thesubstantial questions 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 whichhas thereafter issued a certificate under section 5(1) of the said Actdetermining the amount of tax payable by 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 Accordingly, the appeal is disposed of as withdrawn. 8.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. ] Digitally signedRavindraby Ravindra M.M.AmberkarDate:Amberkar2021.03.0916:17:14 +0530