Kodak India Pvt. Ltd v. Deputy Commissioner Of Income Tax

Digitallysigned byBalajiBalaji G.PanchalG.Date:Panchal2021.03.0911:47:16+0530 (16)-ITXA-682-15.doc. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.682 OF 2015 Kodak India Pvt. Ltd. Versus Deputy Commissioner of Income Tax ..Appellant ..Respondent Mr. Atul Jasani, Advocate for the Appellant. Mr. Sham Walve h/f Mr. A. R. Malhotra, Advocate for the Respondent. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : 8[th] MARCH, 2021 P.C. Heard Mr. Atul Jasani, learned counsel for the appellant andMr. Sham Walve holding for Mr. A. R. Malhotra, learned counsel for therespondent. 2. This appeal has been preferred by the assessee as the appellantunder section 260A of the Income Tax Act, 1961 against the order dated20.06.2012 passed by the Income Tax Appellate Tribunal, “J” Bench,Mumbai in ITA No.2790/Mum/2010 for the assessment year 2006-07. 3. The appeal was admitted by this Court by order dated07.11.2014 on the substantial questions of law framed in the said order. 4. Today the appeal is before us on a praecipe filed by learnedcounsel for the appellant. 1 of 2 (16)-ITXA-682-15.doc. 5. It is stated that Parliament has enacted the Direct Tax Vivad seVishwas Act, 2020 providing for a scheme for resolution of tax disputes. Interms thereof, appellant has filed declaration under section 3 on 31.12.2020before the designated authority. Designated authority has issued certificateunder section 5(1) on 01.03.2021 determining the amount refundable. Forpassing of the final order under section 5(2), appellant is required towithdraw the appeal under section 4(3) and to furnish proof of withdrawalalong with intimation of payment, if any, to the designated authority.Hence, prayer for withdrawal of the appeal. 6. Learned counsel for the respondent has no objection to theprayer made. 7. Having regard to the above, we allow withdrawal of the appeal. 8. Appeal is accordingly disposed of as withdrawn. 9. Refund as per rules. MILIND N. JADHAV, J UJJAL BHUYAN, J 2 of 2