Rashesh B. Kanakia v. Assistant Commissioner Of Income-Tax, Circle 23, Mumbai

S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1648 OF 2017 Rashesh B. Kanakia ..Appellant Versus Assistant Commissioner of Income-tax, Circle 23, Mumbai ..Respondent ................... Mr. Atul K. Jasani for the Appellant.Mr. Atul K. Jasani for the Appellant. Mr. Sham Walve for the Respondent. Mr. Sham Walve for the Respondent. ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : JANUARY 12, 2021. P.C.: 1.Heard Mr. Jasani, learned counsel for the appellant andMr. Walve, learned standing counsel Revenue for therespondent. 2. This appeal under section 260-A of the Income Tax Act, 1961 has been preferred by the assessee as the appellantagainst the order dated 25.01.2017 passed by the IncomeTax Appellate Tribunal, 'H' Bench, Mumbai in I.T.A. No.941/Mum/2011 and C.O. NO. 256/Mum/2014 for theassessment year 2007-08. 3.The appeal is pending for admission. 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 22.12.2020 before the Designated Authority whichhad thereafter issued a certificate under section 5(1) of thesaid Act on 01.01.2021 determining the tax dues payable by the assessee. However, for passing of the final order undersection 5(2) of the said Act, appellant is required to withdrawthe appeal in terms of section 4(3) thereof. Hence, theprayer 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 Accordingly, the appeal is disposed ofas withdrawn. 8.Refund as per Rules. 9.This order will be digitally signed by the PrivateSecretary of this Court.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 byRavindraRavindra M.M.AmberkarAmberkarDate:2021.01.1216:27:47+0530