Vasundhara Shailesh Joshi v. The Deputy Commissioner Of Income Taxcircle-2(1), Pune

Balaji G.Panchal Digitally signed byBalaji G. PanchalDate: 2020.12.1714:27:12 +0530 (2)-ITXA-2734-18.doc. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2734 OF 2018 Vasundhara Shailesh Joshi ..Appellant Versus The Deputy Commissioner of Income TaxCircle-2(1), Pune ..Respondent Mr. Mandar Vaidya, Advocate for the Appellant.Mr. Sham Walve, Advocate for the Respondent. CORAM : UJJAL BHUYAN & ABHAY AHUJA, JJ. DATE : 16[th] DECEMBER, 2020 P.C. 1. Heard Mr. Mandar Vaidya, learned counsel for the appellantand Mr. Sham Walve, learned standing counsel revenue for the respondent. 2. This appeal has been filed under section 260A of the IncomeTax Act, 1961 by the assessee as the appellant against the order dated27.03.2018 passed by the Income Tax Appellate Tribunal, B Bench, Punein ITA Nos.95 & 96/PUN/2016 for the assessment years 2009-10 & 2010-11. 3. Today, the appeal is listed on praecipe filed by learned counselfor the appellant. 4. It is submitted that parliament has enacted the Direct TaxVivad Se Vishwas Act, 2020 providing for a scheme for resolution of taxdisputes and for matters connected therewith and incidental thereto. BGP. 1 of 2 (2)-ITXA-2734-18.doc. 5. In terms of the said Act, appellant filed declaration undersection 3 before the designated authority. Certificate under section 5(1)was issued by the designated authority on 13.08.2020 determining the taxpayable at ‘nil’. For passing of final order under section 5(2) appellant isrequired to withdraw the appeal under section 4(3). Hence, the prayer forwithdrawal of the appeal. 6. Mr. Sham Walve, learned standing counsel revenue has noobjection to the prayer for withdrawal. 7. Accordingly, we allow withdrawal of the appeal. Appeal isdisposed of on withdrawal. 8. Refund as per rules. 9.This order will be digitally signed by the Personal Assistant ofthis Court. All concerned will act on production by fax or email of adigitally signed copy of this order. ABHAY AHUJA, J UJJAL BHUYAN, J 2 of 2