Ruia Industries Pvt. Ltd v. Assistant Commissioner Of Income-Tax 2(3

S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1626 OF 2012 Ruia Industries Pvt. Ltd...Appellant Versus Assistant Commissioner of Income-Tax 2(3)..Respondent ................... Mr. Atul K. Jasani for the Appellant.Mr. Atul K. Jasani for the Appellant. Mr. Sham Walve i/b. P.C. Chhotarary for the Respondent.Mr. Sham Walve i/b. P.C. Chhotarary 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 holding for Mr.P.C.Chhotarary, learned counsel for the respondent. 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 20.06.2012 passed by the IncomeTax Appellate Tribunal, 'J' Bench, Mumbai in I.T.A. No. 2792/Mum/2010 for the assessment year 2006-07. 3.The appeal was admitted by this Court on 04.12.2014on the substantial questions of law framed in the said order. 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 31.12.2020 before the Designated Authority whichhad thereafter issued a certificate under section 5(1) of thesaid Act on 05.01.2021 determining the quantum of refundpayable to the appellant. However, for passing of the finalorder under section 5(2) of the said Act, appellant is requiredto withdraw the appeal in terms of section 4(3) thereof.Hence, the prayer 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 Accordingly, the appeal is disposed ofas withdrawn. 8.Refund as per Rules. 9.This order will be digitally signed by the PrivateSecretary of this Court.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.AmberkarDate:Amberkar2021.01.1310:46:58+0530