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

Balaji G.Panchal Digitally signed byBalaji G. PanchalDate: 2020.12.2215:38:50 +0530 (2)-ITXA-803-14.doc. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.803 OF 2014 Hathway Investments Private Limited Versus The Additional Commissioner of Income Tax ..Appellant ..Respondent Ms. Nikita Vardhan i/by Kanga & Co., for the Appellant.Mr. Sham Walve h/f Mr. Arvind Pinto, for the Respondent. CORAM : UJJAL BHUYAN & ABHAY AHUJA, JJ. DATE : 22[nd] DECEMBER, 2020 P.C. 1. Heard Ms. Nikita Vardhan, learned counsel for the appellantand Mr. Arvind Pinto, learned standing counsel revenue for therespondent. 2. This appeal under section 260A of the Income Tax Act, 1961has been preferred by the assessee as the appellant assailing the legality andvalidity of the order dated 07.08.2013 passed by the Income Tax AppellateTribunal, ‘I’ Bench, Mumbai in Income Tax Appeal Nos.4069 and2406/Mum/2009 for the assessment year 1994-95. 3. The appeal was admitted for hearing by this Court on28.06.2017 on the substantial questions of law framed therein. 4. Today, the appeal is taken on board on praecipe filed by theappellant. 1 of 2 (2)-ITXA-803-14.doc. 5. Learned counsel for the appellant submits that during thependency of the appeal, 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 has issued certificate undersection 5(1). For passing of final order under section 5(2), appellant isrequired to withdraw the appeal under section 4(3). Hence, the prayer forwithdrawal of the appeal. 6.Learned counsel for the respondent has no objection to theprayer made. 7. In view of the above, we allow withdrawal of the appeal.Appeal is accordingly disposed of as withdrawn. 8. Refund of court fee as per rules. 9. 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. ABHAY AHUJA, J UJJAL BHUYAN, J BGP. 2 of 2