Fair Exports (India) Pvt. Ltd v. Assistant Commissioner Of Income Tax Range 10

Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO. 177 OF 2017 Fair Exports (India) Pvt. Ltd. .. Appellant VersusAssistant Commissioner of Income Tax Range 10(1), Mumbai. .. Respondent ................... Mr. Atul Jasani for the Appellant. Mr. Suresh Kumar for the Respondent. ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : MARCH 11, 2021. P.C.: Heard Mr. Atul Jasani, 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 17.05.2016 passed by the Income Tax Appellate Tribunal, 'F'Bench, Mumbai in I.T.A. No.1881/Mum/2011 for the assessment year2007-08. 3. The appeal was admitted by this Court on 12.03.2019 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 whichhad thereafter issued a certificate under section 5(1) of the said Act on17.02.2021 determining the amount refundable to 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 of section4(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 Accordingly, the appeal is disposed of as withdrawn. 8.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:Amberkar2021.03.1509:55:54 +0530