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Bombay High CourtITXA/343/2012withdrawn

Sound Capital Markets Ltd, v. Dy.Commissioner Of Income Tax-10(2),

2021-01-13Hon'Ble Shri Justice Ujjal Bhuyan,Hon'Ble Shri Justice Milind N. Jadhav2 pages

(2)-ITXA-343-12.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Balaji G.

Panchal INCOME TAX APPEAL NO.343 OF 2012 Balaji G. Panchal Date: 2021.01.13 16:17:02 +0530 Sound Capital Markets Ltd.

..Appellant

Versus

Deputy Commissioner of Income Tax & Anr.

..Respondents.

Ms. Neha Paranjape i/by Jitendra Singh, for the Appellant. Mr. Sham Walve, for the Respondents.

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

DATE : 13th JANUARY, 2021 P.C.

1.

Heard Ms. Neha Paranjape, learned counsel for the appellant and Mr. Sham Walve, learned counsel for the respondents. 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 18.11.2011 passed by the Income Tax Appellate Tribunal, "I" Bench, Mumbai in ITA No.667/Mum/2010 for the assessment year 2004-05. 3.

The appeal was admitted by this Court vide order dated 10.07.2014 on the substantial question of law framed in the said order. 4.

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

BGP.

(2)-ITXA-343-12.doc.

5.

It is submitted that Parliament has enacted the Direct Tax Vivaad Se Vishwas Act, 2020 providing for a scheme for settlement of tax disputes. In terms of the said scheme, appellant has filed necessary declaration before the designated authority. However, for passing of final order by the designated authority, appellant is required to withdraw the appeal in terms of section 4(3) of the said act. Hence, prayer for withdrawal of the appeal.

6.

Learned counsel for the respondents has no objection to the prayer made.

7.

In view thereof, we allow withdrawal of the appeal. 8.

Appeal is accordingly disposed of on withdrawal. 9.

Refund as per rules.

10.

this Court. All concerned will act on production by fax or email of a MILIND N. JADHAV, J UJJAL BHUYAN, J BGP.