Itxa/595/2005 Of Fag Kugelfischer George Schaffer Ag v. Joint Commissioner Of Income Tax, Special Range 2 Mumbai

S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO.595 OF 2005 FAG Kugelfscher Georg Schafer AG..Appellant VersusJoint Commissioner of Income Tax, SpecialRange 2 Mumbai..Respondent................… Mr. M. Bajpai i/b. Crawford Bayley & Co., Advocate for theAppellant. Mr. M. Bajpai i/b. Crawford Bayley & Co., Advocate for theAppellant. Mr. Suresh Kumar, Advocate for the Respondent.Mr. Suresh Kumar, Advocate for the Respondent. ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : FEBRUARY 16, 2021. P.C.: Heard Mr. Bajpai, learned counsel for the appellant andMr. Suresh Kumar, 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 24.06.2005 passed by the IncomeTax Appellate Tribunal, 'H' Bench, Mumbai in I.T.A.No.601/Mum/2000 and C.O. No.81/M/2000 for the assessmentyear 1996-97. 3.The appeal was admitted by this Court on 16.09.2008on the substantial questions of law framed in the said order. 4.Today the appeal is before us on a praecipe fled by learned 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 before the Designated Authority which has thereafterissued a certifcate under section 5(1) of the said Actdetermining the amount of tax payable by the appellant.However, for passing of the fnal 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 Accordingly, the appeal is disposed ofas withdrawn. 8.Refund as per Rules.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. ] Digitally signedRavindraby Ravindra M.M.AmberkarDate:Amberkar2021.02.1716:43:46 +0530Ravindraby Ravindra M.M.AmberkarDate:Amberkar2021.02.1716:43:46 +0530