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

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.869 OF 2020 Youth Development Co-op Bank Ltd. Versus Asstt. Commissioner of Income-Tax,Circle 1, Kolhapur & Anr. ..Appellant ..Respondents Mr. Ruturaj Gurjar, Advocate for the Petitioner.Mr. N. C. Mohanty, Advocate for the Respondents. 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 dated29.03.2019 passed by the Income Tax Appellate Tribunal, “A” Bench, Punein ITA No.2635/PUN/2016 for the assessment year 2012-13. 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 Digitallysigned byBalajiBalaji G.PanchalG.Date:Panchal2021.03.1016:28:05+0530 (3)-ITXA-869-20.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 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 Appeal is accordingly disposed of as withdrawn. 9.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 BGP. 2 of 2