Itxa/1531/2013 Of Index Equities Private Limited v. Dy. Commissioner Of Income-Tax 2(2

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO. 1531 OF 2013 Index Equities Pvt Ltd..AppellantVersus Dy. Commissioner of Income-tax 2(2) ..Respondent ................... Ms. Jasmine Amalsadvala i/by Mint & Confreres for the Appellant Ms. Jasmine Amalsadvala i/by Mint & Confreres for the Appellant Mr. Akhileshkumar Sharma for the Respondent Mr. Akhileshkumar Sharma for the Respondent ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : JANUARY 20, 2021. P.C.: Heard Ms. Amalsadvala, learned counsel for theappellant and Mr. Sharma, learned standing counsel revenuefor the respondent. 2. This appeal under section 260A of the Income Tax Act,1961 has been preferred by the assessee as the appellantagainst the order dated 27.02.2013 passed by the IncomeTax Appellate Tribunal, 'I' Bench, Mumbai in I.T.A. No. 6159/Mum/2010 for the assessment year 2007-08. 3.The appeal was admitted by this Court on 21.04.2015on the substantial question of law framed in the said order. 4.Today the appeal is before us on a praecipe filed bylearned counsel for the appellant. 5.It is submitted that Parliament has enacted the DirectTax Vivad se Vishwas Act, 2020 (briefly 'the Act' hereinafter)providing for a scheme for resolution of tax disputes.Appellant has filed a declaration under section 3 of the saidAct before the Designated Authority which had thereafterissued a certificate under section 5(1) of the said Act on12.01.2021 determining the tax payable at nil to theappellant. However, for passing of the final order undersection 5(2) of the said Act, appellant is required to withdrawthe appeal in terms of section 4(3) thereof. Hence, theprayer for 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 Accordingly, the appeal is disposed of as withdrawn. 8.Refund as per Rules. [ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ] Digitally signedRavindraby Ravindra M.AmberkarM.Date:Amberkar2021.01.2111:48:28+0530