Bombay High CourtITXA/5493/2010withdrawn

Priti R. Shah v. The Income Taxofficer 5 (3) (4)

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

2.os.itxa.5493.10.doc S.S.Kilaje

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 5493 OF 2010 Priti R. Shah ..Appellant

Versus

Income-tax Officer 5(3)(4) ..Respondent ...................

 Mr. Atul K. Jasani for the Appellant.

 Mr. Sham Walve for the Respondent.

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

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

DATE : FEBRUARY 03, 2021.

P.C.:

Heard Mr. Atul Jasani, learned counsel for the appellant and Mr. Sham Walve, 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 17.02.2010 passed by the Income Tax Appellate Tribunal, "C" Bench, Mumbai in ITA No. 443/Mum/2009 for the assessment year 2005-06. 3.

The appeal was admitted by this Court on 06.09.2011 on the substantial question of law framed in the said order.

2.os.itxa.5493.10.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 Accordingly, the appeal is disposed of as withdrawn.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. ] by Ravindra M.

Amberkar Date:

2021.02.04 15:20:34 +0530 Ravindra M.

Amberkar