Itxa/1769/2014 Of Shri. Mahalaxmi Co-Op Bank Ltd v. Assistant Commissioner Of Income Tax

S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO.1769 OF 2014 Mahalaxmi Co-op. Bank Ltd., “Shree Bhavan”, 167-B Mangalwar Peth...Appellant. VersusAssistant Commissioner of Income-tax, Circle-1, Kolhapur..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. ................... 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 16.04.2014 passed by the IncomeTax Appellate Tribunal, 'B' Bench, Pune in I.T.A.No.162/PN/2013 for the assessment year 2009-10. 3.The appeal was admitted by this Court on 16.03.2017on the substantial question of law framed in the said order. 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 27.01.2021 before the Designated Authority which hadthereafter issued a certifcate under section 5(1) of the saidAct 08.02.2021 determining the amount refundable to 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, 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 Accordingly, the appeal is disposed ofas withdrawn. 8.Refund as per Rules. [ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ] RavindraDigitally signedby Ravindra M.M.AmberkarAmberkarDate: 2021.02.1709:28:42 +0530M.AmberkarAmberkarDate: 2021.02.1709:28:42 +0530