Mangalore Refinery And Petrochemicals Limited v. The Deputy Directo Of Income-Tazx(It) 2 (1) Mum

(6)-ITXA-693-07.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Balaji G.

Panchal ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.693 OF 2007 Balaji G. Panchal Date: 2021.01.20 15:05:21 +0530 Mangalore Refinery and Petrochemicals Limited ..Appellant

Versus

Deputy Director of Income-tax ..Respondent Mr. Rajesh Poojary i/by Mulla & Mulla Craigie & Blunt & Caroe, for the Appellant.

Mr. P. A. Narayanan, for the Respondent.

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

DATE : 19th JANUARY, 2021 P.C.

Heard Mr. Rajesh Poojary, learned counsel for the appellant and Mr. P. A. Narayanan, learned standing counsel revenue 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 17.01.2007 passed by the Income Tax Appellate Tribunal, "E" Bench, Mumbai in ITA Nos.1826 & 1827/Mum/2004.

3.

The appeal was admitted by this Court by order dated 17.03.2009 on the substantial questions of law framed in the said order. 4.

The appeal is before us today on praecipe filed by learned counsel for the appellant.

BGP.

(6)-ITXA-693-07.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 issued a certificate under section 5(1) of the said Act on 30.12.2020 determining the amount refundable to the appellant. 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Appeal accordingly is disposed of as withdrawn. 9.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.