Thermax Limited v. Assistant Commissioner Of Income Tax & Ors

Balaji G.Panchal Digitally signed byBalaji G. PanchalDate: 2021.02.2709:59:35 +0530 (2)-ITXA-238-07.doc. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.238 OF 2007 Thermax Limited ..Appellant Versus Assistant Commissioner of Income Tax & Ors...Respondents Mrs. Aasavari Kadam a/w Ms. Aarti Sathe, Advocates for the Appellant.Mr. Sham Walve, Advocate for the Respondents. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : 26[th] FEBRUARY, 2021 P.C. Heard Mrs. Aasavari Kadam, learned counsel for the appellantand Mr. Sham Walve, learned standing counsel revenue for therespondents. 2. This appeal has been preferred by the assessee as the appellantunder section 260A of the Income Tax Act, 1961 against the order dated23.06.2006 passed by the Income Tax Appellate Tribunal, “B” Bench,Pune in ITA No.768/PN/1998 for the assessment year 1993-94. 3. The appeal was admitted by this Court by order dated05.08.2008 on the substantial questions of law framed in the appeal memo. 4. Today the appeal is before us on a praecipe filed by learnedcounsel for the appellant. 1 of 2 (2)-ITXA-238-07.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 06.01.2021 determining the amount payable at nil. Forpassing of the final order under section 5(2), appellant is required towithdraw the appeal under section 4(3) and to furnish proof of withdrawalalong with intimation of payment, if any, to the designated authority.Hence, prayer for 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 Appeal is accordingly disposed of as withdrawn. 9.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