Itxa/1297/2017 Of Rbs Equities (India) Pvt. Ltd v. Assistant Commissioner Of Income – Tax, Range – 4(1), Mumbai

S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO.1297 OF 2017 RBS Prime Services (India) Pvt. Ltd...Appellant VersusAssistant Commissioner of Income – tax, Range – 4(1), Mumbai..Respondent................… Mr. Atul Jasani, Advocate for the Appellant. Mr. Atul Jasani, Advocate for the Appellant. Mr. Sham Walve h/f. N.N. Singh, Advocate for theRespondent. Mr. Sham Walve h/f. N.N. Singh, Advocate for theRespondent. ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : FEBRUARY 16, 2021. P.C.: Heard Mr. Jasani, learned counsel for the appellant andMr. Walve, learned counsel for the respondent. 2.This appeal under section 260A of the Income TaxAct,1961 has been preferred by the assessee as the appellantagainst the order dated 02.01.2017 passed by the Income Tax Appellate Tribunal, 'K' Bench, Mumbai in I.T.A.No.7776/Mum/2011 for the assessment year 2007-08. 3.The appeal is pending for admission. 4.Today the appeal is before us on a praecipe fled bylearned counsel for the appellant. 5.It is submitted that Parliament has enacted the DirectTax Vivad se Vishwas Act, 2020 (briefy 'the Act' hereinafter)providing for a scheme for resolution of tax disputes.Appellant has fled a declaration under section 3 of the saidAct on 22.12.2020 before the Designated Authority which hadthereafter issued a certifcate under section 5(1) of the saidAct on 27.01.2021 determining the tax payable by theappellant. However, for passing of the fnal order undersection 5(2) of the said Act, appellant is required to withdrawthe appeal in terms of section 4(3) thereof. Hence, the prayerfor withdrawal of the appeal. 6.Learned counsel for the respondent has no objection tothe prayer made for withdrawal of the appeal. 7.Considering the above, we allow the appellant towithdraw the appeal. Accordingly, the appeal is disposed ofas withdrawn. 8.Refund as per Rules. [ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ] RavindraDigitally signedby Ravindra M.M.AmberkarAmberkarDate: 2021.02.1711:31:44 +0530