Meen Been Elastomer Pvt. Ltd v. Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 2184 OF 2011 Meen Been Elastomer Pvt. Ltd. VersusAssistant Commissioner of Income Tax ................... Mr. Sameer G. Dalal for the Appellant. Mr. Suresh Kumar for the Respondent. ................... ..Appellant ..Respondent CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : FEBRUARY 03, 2021. P.C.: Heard Mr. Sameer Dalal, learned counsel for the appellant andMr. Suresh Kumar, learned standing counsel, revenue for therespondent. 2. This appeal under section 260A of the Income Tax Act, 1961 hasbeen preferred by the assessee as the appellant against the order dated23.03.2011 passed by the Income Tax Appellate Tribunal, "J" Bench,Mumbai in ITA No. 368/Mum/2010 for the assessment year 2005-06. 3.The appeal was admitted by this Court on 05.03.2013 on thesubstantial questions of law framed in the said order. 4.Today the appeal is before us on a praecipe filed by learnedcounsel for the appellant. 5. It is submitted that Parliament has enacted the Direct Tax Vivadse Vishwas Act, 2020 (briefly 'the Act' hereinafter) providing for ascheme for resolution of tax disputes. Appellant has filed a declarationunder section 3 of the said Act before the Designated Authority whichhad thereafter issued a certificate under section 5(1) of the said Actdetermining the amount payable by the appellant. However, forpassing of the final order under section 5(2) of the said Act, appellantis required to withdraw the appeal in terms of section 4(3) thereof.Hence, the prayer for withdrawal of the appeal. 6. Learned counsel for the respondent has no objection to theprayer made for withdrawal of the appeal. 7. Considering the above, we allow the appellant to withdraw theappeal. Accordingly, the appeal is disposed of as withdrawn.appeal. Accordingly, the appeal is disposed of as withdrawn. 8. Refund as per Rules. [ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ] Digitallysigned byRavindraRavindra M.AmberkarM.Date:Amberkar2021.02.0514:50:12+0530