Trapu Investments Pvt. Ltd v. Deputy Commissioner Of Income Tax

Digitallysigned byBalajiBalaji G.PanchalG.Date:Panchal2021.03.0911:47:15+0530 (18)-ITXA-1637-17.doc. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1637 OF 2017 Trapu Investments Pvt. Ltd. Versus Deputy Commissioner of Income Tax ..Appellant ..Respondent Mr. Jay N. Bhansali, Advocate for the Appellant. Mr. Sham Walve h/f Mr. A. R. Malhotra, Advocate for the Respondent. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : 8[th] MARCH, 2021 P.C. Heard Mr. Jay N. Bhansali, learned counsel for the appellantand Mr. Sham Walve holding for Mr. A. R. Malhotra, learned counsel forthe respondent. 2. This appeal has been preferred by the assessee as the appellantunder section 260A of the Income Tax Act, 1961 against the order dated19.04.2017 passed by the Income Tax Appellate Tribunal, “E” Bench,Mumbai in ITA No.1123/Mum/2012 for the assessment year 2008-09. 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 (18)-ITXA-1637-17.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). For passing of the final order under section 5(2), appellant isrequired to withdraw the appeal under section 4(3) and to furnish proof ofwithdrawal along with intimation of payment, if any, to the designatedauthority. 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 Appeal is accordingly disposed of as withdrawn. 9.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