Itxa/2157/2011 Of Cipla Ltd v. Dy. Commissioner Of Income-Tax Central Cir. 2, Mumbai & Anr

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO. 2157 OF 2011 Cipla Ltd..Appellant VersusDy. Commissioner of Income-tax CentralCir. 2, Mumbai & Anr...Respondents ................... Mr. Netaji Gawade a/w Mr. Aditya Thorat i/by Sanjay Udeshi & Cofor the Appellant Mr. Netaji Gawade a/w Mr. Aditya Thorat i/by Sanjay Udeshi & Cofor the Appellant Ms. Shaista Hadi i/by Mr. Charanjeet Chanderpal for theRespondentsMs. Shaista Hadi i/by Mr. Charanjeet Chanderpal for theRespondents ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : JANUARY 20, 2021. P.C.: Heard Mr. Gawade, learned counsel for the appellantand Ms. Hadi, learned counsel holding brief for Mr.Charanjeet Chanderpal, learned standing counsel revenuefor the respondents. 2. This appeal under section 260A of the Income Tax Act,1961 has been preferred by the assessee as the appellantagainst the order dated 26.11.2010 passed by the IncomeTax Appellate Tribunal, 'C' Bench, Mumbai in I.T.A. No. 1272/Mum/2009 for the assessment year 2001-02. 3.The appeal was admitted by this Court on 25.02.2013on 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 Actdetermining the amount refundable to the appellant.However, for passing of the final order under section 5(2) ofthe said Act, appellant is required to withdraw the appeal interms of section 4(3) thereof. Hence, the prayer forwithdrawal 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 Accordingly, the appeal is disposed ofas withdrawn. 8.Refund as per Rules.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. ] Digitallysigned byRavindraRavindra M.AmberkarM.AmberkarDate:2021.01.2111:43:07+0530