Youth Development Co-Op Bank Ltd v. Asstt. Commissioner Of Income-Tax, Circle 1, Kolhapur

(3)-ITXA-7-16.doc. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.7 OF 2016 Youth Development Co-op Bank Ltd. Versus Asstt. Commissioner of Income-Tax, Circle 1, Kolhapur ..Appellant ..Respondent Mr. Ruturaj Gurjar, Advocate for the Petitioner.Mr. N. C. Mohanty, Advocate for the Respondent. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ. DATE : 10[th] MARCH, 2021 P.C. Heard Mr. Ruturaj Gurjar, learned counsel for the appellantand Mr. N. C. Mohanty, learned counsel for the respondent. 2. This appeal has been preferred by the assessee as the appellantunder section 260A of the Income Tax Act, 1961 against the order dated29.10.2014 passed by the Income Tax Appellate Tribunal, “B” Bench, Punein ITA No.2162/PN/2013 for the assessment year 2009-10. 3. The appeal was admitted by this Court by order dated18.06.2018 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. BGP. 1 of 2 Digitallysigned byBalajiG.PanchalBalaji G.PanchalDate:2021.03.1016:28:36+0530 (3)-ITXA-7-16.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 31.12.2020 determining the amount payable. For passingof the final order under section 5(2), appellant is required to withdraw theappeal under section 4(3) and to furnish proof of withdrawal along withintimation of payment, if any, to the designated authority. Hence, prayerfor 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 Appeal is accordingly disposed of as withdrawn. 9.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 BGP. 2 of 2