Bombay High CourtITXA/1021/2014disposed off

Ms. Bhartiben A. Shah v. Commissioner Of Income Tax-City-16

2021-02-25Hon'Ble Shri Justice Ujjal Bhuyan,Hon'Ble Shri Justice Milind N. Jadhav2 pages

3.os itxa 1021-14.doc Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

INCOME TAX APPEAL NO.1021 OF 2014 Bhartiben A. Shah .. Appellant

Versus

Commissioner of Income Tax - City - 16, Matru Mandir, Tardeo Road, Mumbai 400 007.

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

 Ms. Rutuja N. Pawar for the Appellant.

 Mr. Sham Walve for the Respondent.

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

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

DATE : FEBRUARY 25, 2021.

P.C.:

Heard Ms. Pawar, 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 12.03.2014 passed by the Income Tax Appellate Tribunal, 'B' Bench, Mumbai in I.T.A. No.5771/Mum/2011 for the assessment year 1998-99.

3. The appeal was admitted by this Court on 25.10.2016 on the substantial questions of law framed in the said order.

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

3.os itxa 1021-14.doc

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 has thereafter issued a certificate under section 5(1) of the said Act determining the amount of tax payable by 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 Accordingly, the appeal is disposed of as withdrawn.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. ] by Ravindra M.

Amberkar Date:

2021.02.25 14:34:37 +0530 Ravindra M.

Amberkar