Itxa/744/2015 Of M/S Wham Investments Pvt. Ltd v. Dy. Commissioner Of Income Tax, Circle 3(3), Mumbai & Anr

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO. 744 OF 2015 M/s. Wham Investments Pvt Ltd (Earlier known as Wham Leasing &Investments Pvt Ltd)..AppellantVersusDy. Commissioner of Income Tax, Circle3(3), Mumbai & Anr...Respondents ................... Mr. V.S. Hadade for the Appellant Mr. V.S. Hadade for the Appellant Mr. Sham Walve for the RespondentsMr. Sham Walve for the Respondents ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : FEBRUARY 1, 2021. P.C.: Heard Mr. V.S. Hadade, learned counsel for theappellant and Mr. Sham Walve, learned standing counselRevenue for 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 06.02.2015 passed by the IncomeTax Appellate Tribunal, 'G' Bench, Mumbai in I.T.A. No. 8531/M/2010 for the assessment year 2006-07. 3.The appeal was admitted by this Court on 10.01.2018on 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 before the Designated Authority which had thereafterissued a certificate under section 5(1) of the said Act.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 respondents has no objectionto the 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 Accordingly, the appeal is disposed ofas withdrawn. 8.Refund as per Rules.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.Date:Amberkar2021.02.0211:27:07+0530