Bombay High CourtITXA/688/2009withdrawn

Taher A . Poonawalla Pune v. Addl. Commissioner Of In Come Tax Special Range 3 Pune

2021-02-03Hon'Ble Shri Justice Ujjal Bhuyan,Hon'Ble Shri Justice Milind N. Jadhav2 pages

10.os.itxa.688.09.doc S.S.Kilaje

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 688 OF 2009 Taher A. Poonawalla ..Appellant

Versus

Asst. Commissioner of Income Tax, Special Range-3, Pune ..Respondent ...................

 Mr. Prateek Jha for the Appellant.

 Mr. Suresh Kumar for the Respondent.

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

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

DATE : FEBRUARY 03, 2021.

P.C.:

Heard Mr. Prateek Jha, learned counsel for the appellant and Mr. Suresh Kumar, learned standing counsel, revenue 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 24.11.2008 passed by the Income Tax Appellate Tribunal, Pune Bench "B", Pune in ITA No. 358/PN/2003 for the assessment year 1995-96. 3.

The appeal was admitted by this Court on 16.11.2010 on the substantial question of law framed in the said order.

10.os.itxa.688.09.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 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 Accordingly, the appeal is disposed of as withdrawn.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. ] Digitally signed by Ravindra M.

Amberkar Date:

2021.02.04 17:56:58 +0530 Ravindra M.

Amberkar