Fetscs W.e.f. 01.10.2013 v. Assistant Commissioner Of Income-Tax-8(1

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 394 OF 2019 FedEx Express Transportation and Supply Chain Services India Private Limited ('FETSCS') [FedEx Express Services India Private Limited merged with FETSCS w.e.f. 01.10.2013] .. Appellant VersusAssistant Commissioner of Income-Tax-8(1), Mumbai .. Respondent ................... Mr. Atul K. Jasani for the Appellant. Mr. N. C. Mohanty for the Respondent. ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : FEBRUARY 03, 2021. P.C.: Heard Mr. Atul Jasani, learned counsel for the appellant andMr. N. C. Mohanty, learned standing counsel, revenue for therespondent. 2. This appeal under section 260A of the Income Tax Act, 1961 hasbeen preferred by the assessee as the appellant against the order dated01.06.2018 passed by the Income Tax Appellate Tribunal, "F" Bench,Mumbai in ITA No. 7409/Mum/2012 for the assessment year 2008-09. 3.The appeal is pending for admission. 4. 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 Actdetermining the amount refundable to 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. 5. Learned counsel for the respondent has no objection to theprayer made for withdrawal of the appeal. 6. Considering the above, we allow the appellant to withdraw theappeal. Accordingly, the appeal is disposed of as withdrawn. 7. Refund as per Rules. [ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ] Digitally signedRavindraby Ravindra M.M.AmberkarDate:Amberkar2021.02.0514:18:16 +0530