M. B. Bandrawala v. Assistant Commissioner Of Income Tax

Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO.541 OF 2013 M. B. Bandrawala..Appellant. Versus Assistant Commissioner of Income Tax ..Respondent ................... Mr. Atul K. Jasani, Advocate for the Petitioner. Mr. Atul K. Jasani, Advocate for the Petitioner. Smt. S.V. Bharucha. Advocate for the Respondent.Smt. S.V. Bharucha. Advocate for the Respondent. ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : FEBRUARY 11, 2021. P.C.: Heard Mr. Jasani, learned counsel for the appellant andSmt. Bharucha, 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 21.09.2011 passed by the IncomeTax Appellate Tribunal, 'H' Bench, Mumbai in I.T.(SS)A/859/Mum/2003 for the block period 01.04.1988 to19.08.1998. 3.The appeal was admitted by this Court on 18.02.2013on the substantial questions of law framed in the said order. 4.Today the appeal is before us on a praecipe fled bylearned 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 taxdisputes. Appellant has fled a declaration under section 3 ofthe said Act before the Designated Authority which hadthereafter issued a certifcate under section 5(1) of the saidAct on 03.02.2021 determining the amount refundable to theappellant. However, for passing of the fnal order undersection 5(2) of the said Act, appellant is required to withdrawthe appeal in terms of section 4(3) thereof. Hence, the prayerfor 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 Accordingly, the appeal is disposed ofas withdrawn. 8.Refund as per Rules.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. ] RavindraDigitally signedby Ravindra M.M.AmberkarAmberkarDate: 2021.02.1116:36:23 +0530