Itxa/2454/2018 Of Everest Industries Ltd v. Additional Commissioner Of Income Tax Range-1, Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO. 2454 OF 2018 Everest Industries LtdVersusAdditional Commissioner of Income Tax,Range-1, Mumbai ..Appellant ..Respondent ................... Mr. Atul K. Jasani for the AppellantMr. Atul K. Jasani for the Appellant Mr. Sham Walve for the Respondent ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : JANUARY 14, 2021. P.C.: Heard Mr. Jasani, learned counsel for the appellant andMr. Walve, learned standing counsel Revenue for therespondent. 2. This appeal under section 260A of the Income Tax Act,1961 has been preferred by the assessee as the appellantagainst the order dated 15.09.2017 passed by the IncomeTax Appellate Tribunal, 'I' Bench, Mumbai in I.T.A. No. 1971/ Mum/2013 for the assessment year 2007-08. 3.The appeal is pending for admission. 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 on 23.12.2020 before the Designated Authority whichhas thereafter issued a certificate under section 5(1) of thesaid Act on 09.01.2021 determining the amount payable atnil to the appellant. However, for passing of the final orderunder section 5(2) of the said Act, appellant is required towithdraw the appeal in terms of section 4(3) thereof. Hence, the prayer 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 Accordingly, the appeal is disposed ofas withdrawn. 8.Refund as per Rules. 9.This order will be digitally signed by the PrivateSecretary of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. [ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ] Digitallysigned byRavindraM.AmberkarRavindra M.AmberkarDate:2021.01.1514:23:03+0530