Hathway Investments Private Limited v. Additional Commissioner Of Income Tax

Digitallysigned byBalajiG.Balaji G.PanchalDate:Panchal2021.01.2117:21:03+0530 (8)-ITXA-217-14.doc. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.217 OF 2014 Hathway Investments Private LimitedVersus ..Appellant Additional Commissioner of Income Tax ..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 : 21[st] JANUARY, 2021 P.C. 1. Heard Ms. Tasneem Zaveri, learned counsel for the appellantand Mr. Sham Walve, learned counsel 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 dated07.08.2013 passed by the Income Tax Appellate Tribunal, “I” Bench,Mumbai in ITA No.735/Mum/2005 for the assessment year 2001-02. 3. The appeal was admitted by this Court by order dated28.06.2017 on the substantial question of law framed in the said order. 4. The appeal is before us today on praecipe filed by learnedcounsel for the appellant. 1 of 2 (8)-ITXA-217-14.doc. 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 thedesignated 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 Appeal is accordingly disposed of as withdrawn. 9.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. MILIND N. JADHAV, J UJJAL BHUYAN, J 2 of 2