Mangalore Refinery & Petrochemicals Ltd v. Joint Commissioner Of Income Tax

Digitallysigned byBalajiG.PanchalBalaji G.PanchalDate:2021.01.2015:03:49+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5619 OF 2010 Mangalore Refinery & Petrochemicals Ltd.Versus Joint Commissioner of Income Tax ..Appellant ..Respondent Mr. Rajesh Poojary i/by Mulla & Mulla Craigie & Blunt & Caroe, for theAppellant.Mr. P. A. Narayanan, for the Respondent. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : 19[th] JANUARY, 2021 P.C. Heard Mr. Rajesh Poojary, learned counsel for the appellantand Mr. P. A. Narayanan, learned standing counsel revenue 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 dated24.06.2009 passed by the Income Tax Appellate Tribunal, “B” Bench,Mumbai in ITA No.575/Mum/2001 for the assessment year 1997-98. 3. The appeal was admitted by this Court by order dated21.09.2011 on the substantial question of law framed in the said order. 4. The appeal is before us today on praecipe filed by learnedcounsel for the appellant. 1 of 2 (7)-ITXA-5619-10.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 on30.12.2020 before the designated authority. Designated authority issued acertificate under section 5(1) of the said Act on 16.10.2020 determiningthe amount refundable to the appellant. For passing of the final orderunder section 5(2), appellant is required to withdraw the appeal undersection 4(3) and to furnish proof of withdrawal along with intimation ofpayment, if any, to the designated authority. Hence, prayer for withdrawalof 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 Appeal is accordingly disposed of as withdrawn. 9.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. 10.This order will be digitally signed by the Personal Assistant ofthis Court. All concerned will act on production by fax or email of adigitally signed copy of this order. MILIND N. JADHAV, J UJJAL BHUYAN, J 2 of 2