Itxa/6683/2010 Of Seema Hemant Shirali v. The Income Tax Officer Ward 11 (4) Pune

Balaji G.Panchal Digitally signed byBalaji G. PanchalDate: 2020.11.2513:09:40 +0530 1 2 itxa 6683-10-os IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.6683 OF 2010 Seema Hemant Shirali, Pune.… Appellant V/s. Income Tax OfÏcer, Ward 11(4), Pune. … Respondent--- Mr. Rohan Deshpande i/by Mr.Farzeen Khambatta, Advocatesfor the Appellant. Mr.Sham Walve, Advocate for the Respondent. --- CORAM : UJJAL BHUYAN & ABHAY AHUJA, JJ. DATE : NOVEMBER 24, 2020 P.C.:- 1. Heard Mr.Rahul Deshpande, learned counsel for theappellant; and Mr.Sham Walve, learned standing counsel,Revenue for the respondent. 2.This is an appeal under section 260-A of the Income TaxAct, 1961 assailing the order dated 11[th] June, 2010, passedby the Income Tax Appellate Tribunal, Pune Bench “B”, Punein Income Tax Appeal No.607/PN/2008 for the assessmentyear 2003-04. 3.The appeal was admitted by this court vide orderdated 25[th] July, 2011 on three substantial questions of lawmentioned in the said order. 4.Learned counsel for the appellant submits that in themeanwhile Parliament has enacted the Direct Tax Vivad SeVishwas Act, 2020 for resolution of tax disputes in terms ofwhich appellant has filed the declaration. Designatedauthority has issued the requisite certificate on 28[th] October,2020. However, for passing of the necessary order, appellant/declarant is required to withdraw the appeal. Hence, prayeris made for withdrawal of the appeal. 5.Learned counsel for the respondent has no objection tothe prayer made. 6.After hearing learned counsel for the parties and ondue consideration, we allow withdrawal of the appeal. 7.Appeal is accordingly disposed of on withdrawal. 8.Refund as per rules. 9.This order will be digitally signed by the PrivateSecretary/Personal Assistant of this Court. All concerned willact on production by fax or email of a digitally signed copyof this order. (ABHAY AHUJA, J.) …. (UJJAL BHUYAN, J.)