Subhkam Ventures (I) Private Limited v. Assistant Commissioner Of Income Tax

Digitallysigned byBalajiBalaji G.PanchalG.Date:Panchal2021.03.0911:47:16+0530 (14)-ITXA-497-12.doc. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.497 OF 2012 Subhkam Ventures (I) Private Limited Versus Assistant Commissioner of Income Tax ..Appellant ..Respondent Mr. Atul Jasani, Advocate for the Appellant.Mr. Sham Walve h/f Mr. P. C. Chhotaray, for the Respondent. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : 8[th] MARCH, 2021 P.C. Heard Mr. Atul Jasani, learned counsel for the appellant andMr. Sham Walve holding for Mr. P. C. Chhotaray, learned counsel for therespondent. 2. This appeal has been preferred by the assessee as the appellantunder section 260A of the Income Tax Act, 1961 against the order dated30.11.2011 passed by the Income Tax Appellate Tribunal, “E” Bench,Mumbai in ITA No.6019/Mum/2009 for the assessment year 2006-07. 3. The appeal was admitted by this Court by order dated05.04.2013 on the substantial question of law framed in the said order. 4. Today the appeal is before us on a praecipe filed by learnedcounsel for the appellant. 1 of 2 (14)-ITXA-497-12.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 on28.01.2021 before the designated authority. Designated authority hasissued certificate under section 5(1) on 26.02.2021 determining theamount refundable. For passing of the final order under section 5(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 Appeal is accordingly disposed of as withdrawn. 9.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