On Amalgamation Successor To Mahindra Telecommunications Investment Private Limited v. Income Tax Officer, Range-2(2)(3

Digitallysigned byBalajiBalaji G.PanchalG.Date:Panchal2021.02.0310:49:57+0530 (7)-ITXA-3112-19.doc. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3112 OF 2019 Mahindra Holdings Limited (On amalgamation Successor to Mahindra Telecommunications Investment Private Limited) ..Appellant Versus Income Tax Officer, Range-2(2)(3) ..Respondent Mr. Sanjiv M. Shah, Advocate for the Appellant.Mr. Sham Walve, Advocate for the Respondent. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : 2[nd] FEBRUARY, 2021 P.C. 1. Heard Mr. Sanjiv M. Shah, learned counsel for the appellantand Mr. Sham Walve, learned counsel for the respondent. 2. This appeal has been preferred by the assessee as the appellantunder section 260A of the Income Tax Act, 1961 against the order dated08.08.2019 passed by the Income Tax Appellate Tribunal, “D” Bench,Mumbai in ITA No.6248/Mum/2017 for the assessment year 2013-14. 3. The appeal is pending for admission. 4. Today the appeal is before us on a praecipe filed by learnedcounsel for the appellant. 5. It is stated that Parliament has enacted the Direct Tax Vivad se 1 of 2 (7)-ITXA-3112-19.doc. Vishwas 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 issuedcertificate under section 5(1) on 25.01.2021 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 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 Appeal is accordingly disposed of as withdrawn. 9.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. MILIND N. JADHAV, J UJJAL BHUYAN, J 2 of 2