M/S. Times Guaranty Ltd. v. Asst.Commissioner Of Income Tax Circle 1(3), Mumbai.

7.os.itxa.652.15.doc Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

INCOME TAX APPEAL NO. 652 OF 2015 Times Guaranty Ltd.

.. Appellant

Versus

Assistant Commissioner of Income Tax, Circle 1(3), Mumbai .. Respondent ...................

 Mr. Sameer Dalal for the Appellant.

 Ms. Vaibhavi Gala i/by Mr. Charanjeet Chanderpal for the Respondent.

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

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

DATE : MARCH 11, 2021.

P.C.:

Heard Mr. Sameeer Dalal, learned counsel for the appellant and Ms. Vaibhavi Gala, learned counsel holding for Mr. Charanjeet Chanderpal, 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 10.10.2014 passed by the Income Tax Appellate Tribunal, ' E'

Bench, Mumbai in I.T.A. No.1681/Mum/2007 for the assessment year 1993-94.

3. The appeal was admitted by this Court on 06.11.2017 on the substantial question of law framed in the said order.

7.os.itxa.652.15.doc

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

5. It is submitted that Parliament has enacted the Direct Tax Vivad se Vishwas Act, 2020 (briefly '

the Act' hereinafter) providing for a scheme for resolution of tax disputes. Appellant has filed a declaration under section 3 of the said Act before the Designated Authority which had thereafter issued a certificate under section 5(1) of the said Act on 05.02.2021 determining the amount refundable to the appellant. However, for passing of the final 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 Accordingly, the appeal is disposed of as withdrawn.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: 2021.03.15 09:51:41 +0530