Mangalore Refinery And Petrochemicals Ltd v. Joint Commissioner Of Income Tax Special Range

(7)-ITXA-5619-10.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by Balaji G.

Panchal Date:

2021.01.20 15:03:49 +0530 Balaji G.

Panchal INCOME TAX APPEAL NO.5619 OF 2010 Mangalore Refinery & Petrochemicals Ltd.

..Appellant

Versus

Joint Commissioner of Income Tax ..Respondent Mr. Rajesh Poojary i/by Mulla & Mulla Craigie & Blunt & Caroe, for the Appellant.

Mr. P. A. Narayanan, for the Respondent.

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

DATE : 19th JANUARY, 2021 P.C.

Heard Mr. Rajesh Poojary, learned counsel for the appellant and Mr. P. A. Narayanan, learned standing counsel revenue 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 24.06.2009 passed by the Income Tax Appellate Tribunal, "B" Bench, Mumbai in ITA No.575/Mum/2001 for the assessment year 1997-98. 3.

The appeal was admitted by this Court by order dated 21.09.2011 on the substantial question of law framed in the said order. 4.

The appeal is before us today on praecipe filed by learned counsel for the appellant.

BGP.

(7)-ITXA-5619-10.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 30.12.2020 before the designated authority. Designated authority issued a certificate under section 5(1) of the said Act on 16.10.2020 determining the amount refundable to the appellant. 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Appeal is accordingly disposed of as withdrawn. 9.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.

10.

this Court. All concerned will act on production by fax or email of a MILIND N. JADHAV, J UJJAL BHUYAN, J BGP.