M/S. Mahindra Intertrade Ltd v. Dcit Circle -2(2)

25. itxa.no.264.12.doc S.S.Kilaje

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

INCOME TAX APPEAL NO.264 OF 2012 Mahindra Intertrade Limited ..

Appellant.

Versus

DCIT Circle 2(2) Aayakr Bhavan ..

Respondent ...................

 Mr. Sanjiv Shah, Advocate for the Appellant.

 Mr. Sham Walve h/f. Mr. P.C. Chotarray. Advocate for the Respondent.

...................

CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ.

DATE : FEBRUARY 16, 2021.

P.C.:

Heard Mr. Shah, learned counsel for the appellant and Mr. Walve, learned counsel for the respondent. 2.

This appeal under section 260A of the Income Tax Act,1961 has been preferred by the assessee as the appellant against the order dated 30.09.2011 passed by the Income Tax Appellate Tribunal, 'B' Bench, Mumbai in I.T.A. No.5178/M/10 for the assessment year 2000-01. 3.

The appeal was admitted by this Court on 05.03.2013 on the substantial questions of law framed in the said order. 4.

Today the appeal is before us on a praecipe fled by learned counsel for the appellant.

25. itxa.no.264.12.doc 5.

It is submitted that Parliament has enacted the Direct Tax Vivad se Vishwas Act, 2020 (briefy 'the Act' hereinafter) providing for a scheme for resolution of tax disputes. Appellant has fled a declaration under section 3 of the said Act before the Designated Authority which had thereafter issued a certifcate under section 5(1) of the said Act 30.01.2021 determining the amount refundable to the appellant. However, for passing of the fnal order under section 5(2) of the said Act, appellant is required to withdraw the appeal in terms of section 4(3) thereof. Hence, the prayer for withdrawal of the appeal.

6.

Learned counsel for the respondent has no objection to the prayer made for withdrawal of the appeal. 7.

Considering the above, we allow the appellant to withdraw the appeal. Accordingly, the appeal is disposed of as withdrawn.

8.

Refund as per Rules.

[ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ] Ravindra M.

Amberkar by Ravindra M.

Amberkar Date: 2021.02.17 09:28:03 +0530