Usv Limited v. Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. INCOME TAX APPEAL NO.4124 OF 2009 USV Limited ..Appellant Versus Deputy Commissioner of Income Tax..Respondent ................... Mr. Sameer Dalal for the AppellantMr. Sameer Dalal for the Appellant Mr. Akhileshwar Sharma for the Respondent Mr. Akhileshwar Sharma for the Respondent ................... CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : JANUARY 20, 2021. P.C.: Heard Mr. Dalal, learned counsel for the appellant andMr. Sharma, learned standing counsel, revenue for therespondent. 2. This appeal under section 260A of the Income Tax Act,1961 has been preferred by the assessee as the appellantagainst the order dated 22.5.2009 passed by the Income TaxAppellate Tribunal, 'F' Bench, Mumbai in I.T.A. No.2179/M/2008 for the assessment year 2005-06. 3.The appeal was admitted by this Court on 13.12.2010on the substantial question of law framed in the said order. 4.Today the appeal is before us on a praecipe filed bylearned counsel for the appellant. 5.It is submitted that Parliament has enacted the DirectTax Vivad se Vishwas Act, 2020 (briefly 'the Act' hereinafter)providing for a scheme for resolution of tax disputes.Appellant has filed a declaration under section 3 of the saidAct before the Designated Authority which had thereafterissued a certificate under section 5(1) of the said Act on07.01.2021 determining the amount refundable to theappellant. However, for passing of the final order undersection 5(2) of the said Act, appellant is required to withdrawthe appeal in terms of section 4(3) thereof. Hence, theprayer for withdrawal of the appeal. 6.Learned counsel for the respondent has no objection tothe prayer made for withdrawal of the appeal. 7.Considering the above, we allow the appellant towithdraw the appeal. Accordingly, the appeal is disposed of as withdrawn. 8.Refund as per Rules. [ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ] Digitallysigned byRavindraRavindra M.M.AmberkarAmberkarDate:2021.01.2111:36:12+0530