M/S. P.p.g. Asian Paints Pvt Ltd v. Assistant Commissioner Of Income Tax(Larger Taxpayer Unit), Centre-I, Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO. 1442 OF 2014 M/s. P.P.G. Asian Paints Pvt Ltd ..Appellant Versus Assistant Commissioner of Income Tax(Larger Taxpayer Unit), Centre-I, Mumbai .. Respondent ................... Mr. Atul K. Jasani for the AppellantMr. Atul K. Jasani for the Appellant Mr. Sham Walve for the Respondent ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : JANUARY 14, 2021. P.C.: Heard Mr. Jasani, learned counsel for the appellant andMr. Walve, learned standing counsel Revenue for therespondent. 2. This appeal under section 260A of the Income Tax Act,1961 has been preferred by the assessee as the appellantagainst the order dated 12.03.2014 passed by the IncomeTax Appellate Tribunal, 'H' Bench, Mumbai in I.T.A. No. 2919/Mum/2013 for the assessment year 2008-09. 3.The appeal was admitted by this Court on 28.06.2017on 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 on 31.03.2020 before the Designated Authority whichhas thereafter issued a certificate under section 5(1) of thesaid Act on 08.01.2021 determining the amount refundableto the appellant. However, for passing of the final orderunder section 5(2) of the said Act, appellant is required towithdraw 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 tothe prayer made for withdrawal of the appeal. 7.Considering the above, we allow the appellant towithdraw the appeal. Accordingly, the appeal is disposed of as withdrawn. 8.Refund as per Rules. 9.This order will be digitally signed by the PrivateSecretary of this Court. All concerned will act on productionby fax or email of a digitally signed copy of this order. [ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ] Digitallysigned byRavindraRavindraM.M.AmberkarAmberkarDate:2021.01.1514:21:09+0530