Piaggio Vehicles Pvt. Ltd v. Dy. Commissioner Of Income Tax, Circle

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1279 OF 2008WITHINCOME TAX APPEAL NO. 239 OF 2010 Piaggio Vehicles Pvt. Ltd. ..Appellant VersusDy. Commissioner of Income Tax, Circle 1(2), Pune and Anr. ..Respondents ................... Mr. S. J. Mehta a/w. Ms. A. Vissanji for the Appellants. Mr. Sham Walve for the Respondents. ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : JANUARY 28, 2021. P.C.: Heard Mr. Mehta, learned counsel for the appellant andMr. Walve, learned standing counsel, revenue for the respondents. 2. Income Tax Appeal No. 1279 of 2008 under section 260A of theIncome Tax Act, 1961 has been preferred by the assessee as theappellant against the order dated 27.11.2007 passed by the IncomeTax Appellate Tribunal, Bench "B", Pune in ITA No. 442/PN/03 andITA No. 454/PN/05 for the assessment years 1999-00 and 2001-02whereas Income Tax Appeal No. 239 of 2010 under section 260A ofthe Income Tax Act, 1961 has been preferred by the assessee as the appellant against the order dated 29.05.2009 passed by the IncomeTax Appellate Tribunal, "A" Bench, Pune in ITA No. 1797/PN/05 forthe assessment year 2002-03 respectively. 3.Both the appeals are pending for admission. 4. 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 declarationsunder section 3 of the said Act before the Designated Authority whichhad thereafter issued certificates under section 5(1) of the said Actdetermining the amounts refundable to the appellant. However, forpassing of final order under section 5(2) of the said Act, appellant isrequired to withdraw the appeals in terms of section 4(3) thereof.Hence, the prayer for withdrawal of the appeals. 5. Learned counsel for the respondents has no objection to theprayer made for withdrawal of the appeals.prayer made for withdrawal of the appeals. 6. Considering the above, we allow the appellant to withdraw theappeals. Accordingly, both the appeals are disposed of as withdrawn.appeals. Accordingly, both the appeals are disposed of as withdrawn. 7. Refund as per Rules. [ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ]