Rex Polyextruction Limited, Sangli v. Assistant Commissioner Of Income Tax, Circle 2, Aaykar Bhavan

Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO.462 OF 2007 Rex Polyextruction Limited, Sangli..Appellant Versus Assistant Commissioner of Income Tax, Circle 2, Aaykar Bhavan..Respondent ................... Mr. Atul Jasani, Advocate for the Appellant. Mr. Sham Walve i/by. N.N. Singh for the Respondent.Mr. Sham Walve i/by. N.N. Singh for the Respondent. ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : FEBRUARY 11, 2021. P.C.: Heard Mr. Jasani, learned counsel for the appellant andMr. Walve, learned counsel holding brief for Mr. N.N. Singh,learned counsel for the respondent. 2.This appeal under section 260A of the Income TaxAct,1961 has been preferred by the assessee as the appellantagainst the order dated 16.12.2005 passed by the IncomeTax Appellate Tribunal, 'B' Bench, Pune in I.T.A.No.23/PN/2001 for the assessment year 1997-98. 3.The appeal was admitted by this Court on 16.09.2008on the substantial questions of law framed in the said order. 4.Today the appeal is before us on a praecipe fled by learned counsel for the appellant. 5.It is submitted that Parliament has enacted the DirectTax Vivad se Vishwas Act, 2020 (briefy 'the Act'hereinafter)providing for a scheme for resolution of taxdisputes. Appellant has fled a declaration under section 3 ofthe said Act before the Designated Authority which hadthereafter issued a certifcate under section 5(1) of the saidAct on 15.01.2021 determining the tax payable by theappellant. However, for passing of the fnal order undersection 5(2) of the said Act, appellant is required to withdrawthe appeal in terms of section 4(3) thereof. Hence, the prayerfor 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 Accordingly, the appeal is disposed ofas withdrawn. 8.Refund as per Rules. [ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ] RavindraDigitally signedby Ravindra M.M.AmberkarAmberkarDate: 2021.02.1116:37:15 +0530