Nobel Biocare India Pvt. Ltd v. Deputy Commissioner Of Income Tax

Balaji G.Panchal Digitally signed byBalaji G. PanchalDate: 2021.01.2015:04:25 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.867 OF 2015 Nobel Biocare India Pvt. Ltd. Versus Deputy Commissioner of Income Tax ..Appellant ..Respondent Mr. Atul K. Jasani, Advocate for the Appellant.Mr. Suresh Kumar, Advocate for the Respondent. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : 19[th] JANUARY, 2021 P.C. 1. Heard Mr. Atul K. Jasani, learned counsel for the appellantand Mr. Suresh Kumar, 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 dated03.11.2014 passed by the Income Tax Appellate Tribunal, “K” Bench,Mumbai in ITA No.1008/Mum/2014 for the assessment year 2009-10. 3. The appeal was admitted by this Court by order dated13.02.2018 on the substantial questions 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 (3)-ITXA-867-15.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 on25.12.2020 before the designated authority. Designated authority issuedcertificate under section 5(1) on 07.01.2021 determining the amountrefundable to the appellant. For passing of the final order under section5(2), appellant is required to withdraw the appeal under section 4(3) and tofurnish proof of withdrawal along with intimation of payment, if any, to thedesignated authority. Hence, prayer for withdrawal of the appeal. 6. Learned counsel for the respondents 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 Appeal is accordingly disposed of as withdrawn. 9.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