West Coast Paper Mills Ltd. v. The Deputy Commissioner Of Income-Tax, Range-1(3)(2), Mumbai

(17)-ITXA-1230-17.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by Balaji G.

Panchal Date:

2021.03.09 11:47:15 +0530 Balaji G.

Panchal INCOME TAX APPEAL NO.1230 OF 2017 West Coast Paper Mills Ltd.

..Appellant

Versus

Deputy Commissioner of Income Tax ..Respondent Mr. Atul Jasani, Advocate for the Appellant.

Mr. Suresh Kumar, Advocate for the Respondent. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ.

DATE : 8th MARCH, 2021 P.C.

Heard Mr. Atul Jasani, learned counsel for the appellant and Mr. Suresh Kumar, 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 06.01.2017 passed by the Income Tax Appellate Tribunal, "G" Bench, Mumbai in ITA No.1965/Mum/2015 for the assessment year 2010-11. 3.

The appeal was admitted by this Court by order dated 06.01.2020 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.

(17)-ITXA-1230-17.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 on 30.01.2021 before the designated authority. Designated authority has issued certificate under section 5(1) on 25.02.2021 determining the amount refundable. 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Appeal is accordingly disposed of as withdrawn. 9.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.