United Parcel Service Co. v. The Deputy Director Of Income Tax (Internationaltaxation)-2(1),

by Minal V.

Parab Date: 2021.01.28 11:41:19 +0530 Minal V.

Parab 5_ITXA_1011_12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1011 OF 2012 United Parcel Service Company ...

Appellant Vs.

Deputy Director of Income Tax (International Taxation)-2(1), Mumbai ...

Respondent Mr. Atul K. Jasani for the Appellant.

Mr. Arvind Pinto for the Respondent.

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

DATE :

JANUARY 27, 2021 P.C. :

Heard Mr. Atul K. Jasani, learned counsel for the appellant and Mr. Arvind Pinto, learned standing counsel revenue for the respondent. 2.

This appeal under section 260-A of the Income Tax Act, 1961 has been preferred by the assessee against the order dated 14.03.2012 passed by the Income Tax Appellate Tribunal, 'L' Bench, Mumbai in I.T.A. No.3611/Mum/2005 for the assessment year 2001-02. 3.

The appeal was admitted by this Court on 20.02.2013 on the substantial questions of law framed in the said order. 4.

Today the appeal is before us on 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. In terms of the said scheme, appellant has filed a declaration under section 3 thereof before the Designated Authority which has thereafter issued a certificate under section 5(1) of 1/2

5_ITXA_1011_12.doc the said Act determining the amount payable by 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.

8.

Appeal is accordingly disposed of on withdrawal. 9.

Refund as per Rules.

(MILIND N. JADHAV, J.) (UJJAL BHUYAN, J.) Minal Parab 2/2