Pentagon Builders Pvt. Ltd v. Assistant Commissioner Of Income Tax 5(2) & Anr

Balaji G.Panchal Digitally signed byBalaji G. PanchalDate: 2021.02.2709:59:35 +0530 (3)-ITXA-2060-11.doc. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2060 OF 2011 Pentagon Builders Pvt. Ltd. ..Appellant Versus Assistant Commissioner of Income Tax 5(2) & Anr...Respondents Mr. Deepak Tralshawala a/w Mr. V. S. Hadade, Advocates for theAppellant. Mr. Sham Walve, Advocate for the Respondents. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : 26[th] FEBRUARY, 2021 P.C. Heard Mr. Deepak Tralshawala, learned counsel for theappellant and Mr. Sham Walve, learned counsel for the respondents. 2. This appeal has been preferred by the assessee as the appellantunder section 260A of the Income Tax Act, 1961 against the order dated29.10.2010 passed by the Income Tax Appellate Tribunal, “C” Bench,Mumbai in ITA No.4384/Mum/2008 for the assessment year 2005-06. 3. The appeal was admitted by this Court by order dated31.01.2013 on the substantial questions of law framed in the said order. 4. Today the appeal is before us on a praecipe filed by learnedcounsel for the appellant. BGP. 1 of 2 (3)-ITXA-2060-11.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 before thedesignated authority. Designated authority has issued certificate undersection 5(1) on 28.01.2021. 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 Appeal is accordingly disposed of as withdrawn. 9.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. MILIND N. JADHAV, J UJJAL BHUYAN, J 2 of 2