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Bombay High CourtITXA/73/2012disposed off

Sonrise Tea Processing Company Pvt. Ltd. v. Asst. Commissioner Of Income Tax Circle -2 Kolhapur

2021-03-02Hon'Ble Shri Justice Ujjal Bhuyan,Hon'Ble Shri Justice Milind N. Jadhav2 pages

Minal V.

Parab by Minal V.

Parab Date:

2021.03.03 11:25:14 +0530 (7)-ITXA-73-12.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.73 OF 2012 Sonrise Tea Processing Company Pvt. Ltd.

..Appellant

Versus

Asst. Commissioner of Income Tax Circle-2 Kolhapur ..Respondent Mr. Kumar Umaji Kale, Advocate for the Appellant. Mr. Ashok Kotangle h/f Mr. N. N. Singh, Advocate for the Respondent. CORAM : UJJAL BHUYAN & MILIND N. JADHAV, JJ.

DATE : 2nd MARCH, 2021 P.C.

Heard Mr. Kumar Umaji Kale, learned counsel for the appellant and Mr. Ashok Kotangle, 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 28.03.2011 passed by the Income Tax Appellate Tribunal, "A" Bench, Mumbai in ITA No.785/PN/2007 for the assessment year 2003-04. 3.

The appeal is pending for admission.

4.

Today the appeal is before us on a praecipe filed by learned counsel for the appellant.

BGP.

(7)-ITXA-73-12.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 before the designated authority. Designated authority has issued certificate under section 5(1) on 11.01.2021 determining the amount payable. 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 respondents 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Appeal is accordingly disposed of as withdrawn. 9.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.