Sumitomo Chemical India Pvt. Ltd. v. The Joint Commissioner Of Income Tax (Osd) Range 3 (3) Mumbai
Minal V.
Parab by Minal V.
Parab Date:
2021.03.03 11:25:14 +0530 (6)-ITXA-187-12.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.187 OF 2012 Sumitomo Chemical India Private Limited ..Appellant
Versus
Joint Commissioner of Income Tax (OSD) Range 3(3) Mumbai & Anr.
..Respondents Mr. Atul Jasani, Advocate for the Appellant.
Mr. Sham Walve h/f Mr. P. C. Chhotaray, Advocate for the Respondents. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ.
DATE : 2nd MARCH, 2021 P.C.
Heard Mr. Atul Jasani, learned counsel for the appellant and Mr. Sham Walve, learned counsel for the respondents. 2.
This appeal has been preferred by the assessee as the appellant under section 260A of the Income Tax Act, 1961 against the order dated 28.10.2011 passed by the Income Tax Appellate Tribunal, "H" Bench, Mumbai in ITA No.6222/Mum/2009 for the assessment year 2003-04. 3.
The appeal is pending for admission.
4.
Today the appeal is before us on a praecipe filed by learned counsel for the appellant.
5.
It is stated that Parliament has enacted the Direct Tax Vivad se BGP.
(6)-ITXA-187-12.doc.
Vishwas Act, 2020 providing for a scheme for resolution of tax disputes. In terms thereof, appellant has filed declaration under section 3 on 11.11.2020 before the designated authority. Designated authority has issued certificate under section 5(1) on 19.01.2021 determining the amount refundable. For passing of the final order under section 5(2), appellant is required to withdraw the appeal under section 4(3) and to furnish proof of withdrawal along with intimation of payment, if any, to the designated authority. Hence, prayer for withdrawal of the appeal.
6.
Learned counsel for the respondents has no objection to the prayer 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Appeal is accordingly disposed of as withdrawn. 9.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.