Rex Polyextruction Limited-Sangli v. Assistant Commissioner Of Income-Tax

1. itxa.no.462.07.doc Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

INCOME TAX APPEAL NO.462 OF 2007 Rex Polyextruction Limited, Sangli ..

Appellant

Versus

Assistant Commissioner of Income Tax, Circle 2, Aaykar Bhavan ..

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

 Mr. Atul Jasani, Advocate for the Appellant.

 Mr. Sham Walve i/by. N.N. Singh for the Respondent. ...................

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

DATE : FEBRUARY 11, 2021.

P.C.:

Heard Mr. Jasani, learned counsel for the appellant and Mr. Walve, learned counsel holding brief for Mr. N.N. Singh, 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 16.12.2005 passed by the Income Tax Appellate Tribunal, 'B' Bench, Pune in I.T.A. No.23/PN/2001 for the assessment year 1997-98. 3.

The appeal was admitted by this Court on 16.09.2008 on the substantial questions of law framed in the said order. 4.

Today the appeal is before us on a praecipe fled by

1. itxa.no.462.07.doc learned counsel for the appellant.

5.

It is submitted that Parliament has enacted the Direct Tax Vivad se Vishwas Act, 2020 (briefy 'the Act' hereinafter)providing for a scheme for resolution of tax disputes. Appellant has fled a declaration under section 3 of the said Act before the Designated Authority which had thereafter issued a certifcate under section 5(1) of the said Act on 15.01.2021 determining the tax payable by the appellant. However, for passing of the fnal 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 Accordingly, the appeal is disposed of as withdrawn.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. ] Ravindra M.

Amberkar by Ravindra M.

Amberkar Date: 2021.02.11 16:37:15 +0530