Itxa/45/2008 Of Indian Oil Corporation Limited,Mum v. Assistant Commissioner Of Income Tax, Range 10(1), Mumbai

R.M. AMBERKAR(Private Secretary) IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO.45 OF 2008 Indian Oil Corporation Limited, G-9 AliYavar Jung Marg, Bandra (East), Mumbai..AppellantVersus Assistant Commissioner of Income Tax,Range 10(1), Mumbai. ..Respondent ................... Mr. Atul Jasani for the Appellant. Mr. Atul Jasani for the Appellant. Ms. Swapna Gokhale h/f. Mr. Suresh Kumar for the Respondent.Ms. Swapna Gokhale h/f. Mr. Suresh Kumar for the Respondent. ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : FEBRUARY 23, 2021. P.C.: Heard Mr. Atul Jasani, learned counsel for the appellantand Ms. Swapna Gokhale, learned counsel holding for Mr.Suresh Kumar, learned counsel for 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 29.08.2007 passed by the IncomeTax Appellate Tribunal, 'A' Bench, Mumbai in I.T.A. No.5812/Mum/2000 for the assessment year 1994-95. 3.The appeal was admitted by this Court on 22.07.2008on the substantial questions 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 on 02.12.2020 before the Designated Authority whichhad thereafter issued a certificate under section 5(1) of thesaid Act on 15.02.2021 determining the amount refundableto 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 Accordingly, the appeal is disposed ofas withdrawn. 8.Refund as per Rules. [ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ] Digitally signedRavindraby Ravindra M.M.AmberkarDate:Amberkar2021.02.2315:14:12 +0530