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Bombay High CourtITXA/351/2019withdrawn

Vinod Kumar Anand v. Addl. Commissioner Of Income Tax Range 1(2)

2021-01-05Hon'Ble Shri Justice Ujjal Bhuyan,Hon'Ble Shri Justice Abhay Ahuja2 pages

5_ITXA_351_19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Balaji G.

Panchal ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.351 OF 2019 Balaji G. Panchal Date: 2021.01.06 14:46:21 +0530 Vinod Kumar Anand ...

Appellant Vs.

Addl. Commissioner of Income Tax Range 1(2), Mumbai ...

Respondent Mr. Atul K. Jasani for Appellant.

CORAM : UJJAL BHUYAN & ABHAY AHUJA, JJ.

DATE :

JANUARY 05, 2021 P.C. :

Heard Mr. Jasani, learned counsel for the assessee / appellant. 2.

This appeal under section 260-A of the Income Tax Act, 1961 has been preferred by the assessee against the order dated 01.11.2017 passed by the Income Tax Appellate Tribunal, 'C' Bench, Mumbai in I.T.A.No.1433/Mumbai/2016 for the assessment year 2003-04. 3.

The appeal is not yet admitted.

4.

Today, the appeal has been listed on praecipe filed by the appellant.

5.

Mr. Jasani submits 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 had filed a declaration on 20.03.2020 before the Designated Authority which had issued the certificate under section 5(1) of the said Act on 09.12.2020 determining the tax dues payable by the assessee at Rs.5,50,000.00. However, before passing of the final order under section 5(2) of the said Act, appellant is required to withdraw the appeal in 1/2

5_ITXA_351_19.doc terms of section 4(3). Hence, the prayer for withdrawal of the appeal. 6.

Considering the above, we allow the appellant to withdraw the appeal.

7.

Appeal is accordingly disposed of on withdrawal. 8.

Refund as per Rules.

10.

Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

(ABHAY AHUJA, J.) (UJJAL BHUYAN, J.) Minal Parab 2/2