Sonrise Tea Processing Company Pvt. Ltd v. Asst. Commissioner Of Income Tax Circle-2 Kolhapur

(7)-ITXA-73-12.doc. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.73 OF 2012 Sonrise Tea Processing Company Pvt. Ltd. Versus Asst. Commissioner of Income Tax Circle-2 Kolhapur ..Appellant ..Respondent Mr. Kumar Umaji Kale, Advocate for the Appellant. Mr. Ashok Kotangle h/f Mr. N. N. Singh, Advocate for the Respondent. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : 2[nd] MARCH, 2021 P.C. Heard Mr. Kumar Umaji Kale, learned counsel for theappellant and Mr. Ashok Kotangle, 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 dated28.03.2011 passed by the Income Tax Appellate Tribunal, “A” Bench,Mumbai in ITA No.785/PN/2007 for the assessment year 2003-04. 3. The appeal is pending for admission. 4. Today the appeal is before us on a praecipe filed by learnedcounsel for the appellant. 1 of 2 (7)-ITXA-73-12.doc. 5. It is stated that Parliament has enacted the Direct Tax Vivad seVishwas 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 11.01.2021 determining the amount payable. For passingof the final order under section 5(2), appellant is required to withdraw theappeal under section 4(3) and to furnish proof of withdrawal along withintimation of payment, if any, to the designated authority. Hence, prayerfor withdrawal of the appeal. 6. Learned counsel for the respondents 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 Appeal is accordingly disposed of as withdrawn. 9.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