Pentagon Builders Pvt. Ltd. v. Deputy Commissioner Of Income Gtax 5(2)

(13)-ITXA-1290-11.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1290 OF 2011 Pentagon Builders Pvt. Ltd.

..Appellant

Versus

Deputy Commissioner of Income Tax 5(2) & Anr. ..Respondents Mr. Deepak Tralshawala a/w Mr. V. S. Hadade, Advocates for the Appellant.

Mr. Sham Walve, Advocate for the Respondents. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ.

DATE : 8th MARCH, 2021 P.C.

Heard Mr. Deepak Tralshawala, learned counsel for the appellant and Mr. Sham Walve, learned counsel for the respondent. 2.

This appeal has been preferred by the assessee as the appellant under section 260A of the Income Tax Act, 1961 against the order dated 22.12.2010 passed by the Income Tax Appellate Tribunal, "C" Bench, Mumbai in ITA No.6045/Mum/2009 & ITA No.6110/Mum/2009 for the assessment year 2006-07.

3.

The appeal was admitted by this Court by order dated 31st January 2013 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.

BGP.

(13)-ITXA-1290-11.doc.

5.

It is stated that Parliament has enacted the Direct Tax Vivad se Vishwas Act, 2020 providing for a scheme for resolution of tax disputes. In terms thereof, appellant has filed declaration under section 3 before the designated authority. Designated authority has issued certificate under section 5(1) on 14.01.2021. For passing of the final order under section 5(2), appellant is required to withdraw the appeal under section 4(3) and to furnish proof of withdrawal along with intimation of payment, if any, to the designated authority. Hence, prayer for withdrawal of the appeal. 6.

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

7.

Having regard to the above, we allow withdrawal of the appeal. 8.

Appeal is accordingly disposed of as withdrawn. 9.

Refund as per rules.

MILIND N. JADHAV, J UJJAL BHUYAN, J BGP.