Shri. Dilip S. Hate v. Asst. Commissioner Of Income Tax Circle 17(2

(5)-ITXA-5696-10.doc. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5696 OF 2010 Shri. Dilip S. Hate Versus ..Appellant Asst. Commissioner of Income Tax Circle 17(2) ..Respondent Mr. Paras S. Savla, Advocate for the Appellant.Mr. Sham Walve, Advocate for the Respondent. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : 2[nd] MARCH, 2021 P.C. Heard Mr. Paras S. Savla, learned counsel for the appellant andMr. Sham Walve, learned counsel for the respondent. 2. This appeal has been preferred by the assessee as the appellantunder section 260A of the Income Tax Act, 1961 against the order dated07.05.2010 passed by the Income Tax Appellate Tribunal, “D” Bench,Mumbai in ITA No.4629/Mum/2007 for the assessment year 2004-05. 3. The appeal was admitted by this Court by order dated17.12.2012 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. 5. It is stated that Parliament has enacted the Direct Tax Vivad seBGP.1 of 2 BGP. (5)-ITXA-5696-10.doc. Vishwas 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 14.01.2021. 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 respondent 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 Appeal is accordingly disposed of as withdrawn. 9.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