Sterling Re-Rolling Mills Pvt. Ltd., v. Assistant Commissioner Of Income Tax-2 (3),

R.M. AMBERKAR (Private Secretary)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

INCOME TAX APPEAL NO. 1269 OF 2012 Sterling Re-Rolling Mills Pvt Ltd ..

Appellant

Versus

Assistant Commissioner of Income Tax 2(3), Mumbai ..

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

 Mr. Atul K. Jasani for the Appellant  Mr. Sham Walve h/f P.C. Chotaray for the Respondent ...................

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

DATE : JANUARY 14, 2021.

P.C.:

Heard Mr. Jasani, learned counsel for the appellant and Mr. Walve, learned standing counsel Revenue holding for Mr. P.C. Chotaray, 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 20.06.2012 passed by the Income Tax Appellate Tribunal, 'J' Bench, Mumbai in I.T.A. No. 2793/ Mum/2010 for the assessment year 2006-07.

3.

The appeal was admitted by this Court on 07.11.2014 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 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. Appellant has filed a declaration under section 3 of the said Act on 31.12.2020 before the Designated Authority which has thereafter issued a certificate under section 5(1) of the said Act on 12.01.2021 determining the amount refundable to 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. Accordingly, the appeal is disposed of

as withdrawn.

8.

Refund as per Rules.

9.

This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production [ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ] Digitally signed by Ravindra M.

Amberkar Date:

2021.01.15 14:25:05 +0530 Ravindra M.

Amberkar