Shri Dilip S. Hate v. Asst. Commissioner Of Income Tax Circle 17(2)

Minal V.

Parab by Minal V.

Parab Date:

2021.03.03 11:25:15 +0530 (5)-ITXA-5696-10.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5696 OF 2010 Shri. Dilip S. Hate ..Appellant

Versus

Asst. Commissioner of Income Tax Circle 17(2) ..Respondent Mr. Paras S. Savla, Advocate for the Appellant. Mr. Sham Walve, Advocate for the Respondent.

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

DATE : 2nd MARCH, 2021 P.C.

Heard Mr. Paras S. Savla, learned counsel for the appellant and Mr. Sham Walve, 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 07.05.2010 passed by the Income Tax Appellate Tribunal, "D" Bench, Mumbai in ITA No.4629/Mum/2007 for the assessment year 2004-05. 3.

The appeal was admitted by this Court by order dated 17.12.2012 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.

5.

It is stated that Parliament has enacted the Direct Tax Vivad se BGP.

(5)-ITXA-5696-10.doc.

Vishwas Act, 2020 providing for a scheme for resolution of tax disputes. In terms thereof, appellant has filed declaration under section 3 before the designated authority. Designated authority has issued certificate under section 5(1) on 14.01.2021. 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Appeal is accordingly disposed of as withdrawn. 9.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.