Hathway Investments Private Limited v. Additional Commissioner Of Income-Tax

Balaji G.Panchal Digitally signedby Balaji G.PanchalDate: 2021.01.2015:05:39 +0530 (5)-ITXA-1640-17.doc. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1640 OF 2017 Hathway Investments Private Limited Versus Additional Commissioner of Income-tax ..Appellant ..Respondent Ms. Tasneem Zaveri i/by Kanga & Co., for the Appellant.Mr. Sham Walve, for the Respondent. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : 19[th] JANUARY, 2021 P.C. Heard Ms. Tasneem Zaveri, learned counsel for the appellantand Mr. Sham Walve, learned standing counsel revenue for the respondent. 2. This appeal has been preferred by the assessee as the appellantunder section 260A of the Income Tax Act, 1961 against the order dated01.02.2017 passed by the Income Tax Appellate Tribunal, “I” Bench,Mumbai in ITA No.6531/Mum/2003 for the assessment year 1998-99. 3. The appeal is pending for admission. 4. The appeal is before us today on praecipe filed by learnedcounsel for the appellant. 5. It is stated that Parliament has enacted the Direct Tax Vivad seVishwas Act, 2020 providing for a scheme for resolution of tax disputes. Interms thereof, appellant has filed declaration under section 3 before theBGP.1 of 2 (5)-ITXA-1640-17.doc. designated authority. Designated authority issued certificate under section5(1). For passing of the final order under section 5(2), appellant is requiredto withdraw the appeal under section 4(3) and to furnish proof ofwithdrawal along with intimation of payment, if any, to the designatedauthority. Hence, prayer for withdrawal of the appeal. 6. Learned counsel for the respondent has no objection to theprayer made. 7. Having regard to the above, we allow withdrawal of the appeal. 8. Appeal is accordingly disposed of as withdrawn. 9. Refund as per rules. 10.This order will be digitally signed by the Personal Assistant ofthis Court. All concerned will act on production by fax or email of adigitally signed copy of this order. MILIND N. JADHAV, J UJJAL BHUYAN, J 2 of 2