Fag Kugelfischer Georg Schaffer Ag. v. The Deputy Commissioner Of Income-Tax,Spl.Range- 2.

19. itxa.no.339.03.doc S.S.Kilaje

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

INCOME TAX APPEAL NO.339 OF 2003 FAG Kugelfscher Georg Schafer AG ..

Appellant

Versus

Deputy Commissioner of Income Tax ..

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

 Mr. M. Bajpai i/b. Crawford Bayley & Co., Advocate for the Appellant.

 Mr. Suresh Kumar, Advocate for the Respondent. ...................

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

DATE : FEBRUARY 16, 2021.

P.C.:

Heard Mr. Bajpai, learned counsel for the appellant and Mr. Suresh Kumar, 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 30.10.2002 passed by the Income Tax Appellate Tribunal, 'B' Bench, Mumbai in I.T.A. No.9689/MUM/1995 for the assessment year 1993-94. 3.

The appeal was admitted by this Court on 15.10.2004 on the substantial question of law framed in the said order. 4.

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

19. itxa.no.339.03.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 has thereafter issued a certifcate under section 5(1) of the said Act determining the amount of tax payable by 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 Accordingly, the appeal is disposed of as withdrawn.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 11:28:15 +0530