Itxa/1636/2017 Of Mahindra And Manindra Limited v. Additional Commissioner Of Income Tax, Range 2(2)

Priya Soparkar 1 25 itxa 1636-17-os IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1636 OF 2017 M/s Mahindra and Mahindra LimitedV/s.Additional Commissioner of Income Tax, Range 2(2), Mumbai. --- Mr.Sanjiv Shah, Advocate for the Appellant.Mr.Suresh Kumar, Advocate for the Respondent. --- … Appellant … Respondent CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : FEBRUARY 15, 2021. P.C.:- Heard Mr.Sanjiv Shah, learned counsel for the appellant; andMr.Suresh Kumar, learned standing counsel, revenue for therespondent. 2. This appeal has been preferred under section 260A of theIncome Tax Act, 1961 against the order dated 16[th] May, 2017passed by the Income Tax Appellate Tribunal, "B" Bench, Mumbaiin ITA No.3998/M/2010 for the assessment year 2000-01. 3.The appeal is pending for admission. 4.Learned counsel for the appellant submits that during thependency of the appeal Parliament has enacted the Direct TaxVivad Se Vishwas Act, 2020 providing for a scheme forresolution of tax disputes. Appellant had filed a declaration undersection 3 of the said Act before the Designated Authority whichAuthority has issued certificate under section 5(1) on 30[th]January, 2021 determining the amount of tax refundable to the Priya Soparkar 2 25 itxa 1636-17-os appellant which is Rs.22,88,10,735/-. For passing of final orderunder section 5(2) of the said Act, appellant is required towithdraw the appeal under section 4(3). Hence, the prayer forwithdrawal. 5.Learned counsel for the respondent has no objection to theprayer made. 6.In view thereof, we allow the prayer for withdrawal.Consequently, the appeal is disposed of on withdrawal. 7.Refund of court fee as per rules. (MILIND N. JADHAV, J.) …. (UJJAL BHUYAN, J.)