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[Cites 5, Cited by 0]

Bombay High Court

Youth Development Co-Op Bank Ltd vs Asstt. Commissioner Of Income Tax on 10 March, 2021

Author: Milind N. Jadhav

Bench: Ujjal Bhuyan, Milind N. Jadhav

(3)-ITXA-7-16.doc.

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          ORDINARY ORIGINAL CIVIL JURISDICTION

                 INCOME TAX APPEAL NO.7 OF 2016

Youth Development Co-op Bank Ltd.                         ..Appellant
       Versus
Asstt. Commissioner of Income-Tax,
Circle 1, Kolhapur                                        ..Respondent

Mr. Ruturaj Gurjar, Advocate for the Petitioner.
Mr. N. C. Mohanty, Advocate for the Respondent.

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

DATE : 10th MARCH, 2021 P.C. Heard Mr. Ruturaj Gurjar, learned counsel for the appellant and Mr. N. C. Mohanty, 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 29.10.2014 passed by the Income Tax Appellate Tribunal, "B" Bench, Pune in ITA No.2162/PN/2013 for the assessment year 2009-10.

3. The appeal was admitted by this Court by order dated 18.06.2018 on the substantial question of law framed in the said order.

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

BGP. 1 of 2 (3)-ITXA-7-16.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 31.12.2020 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 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 Appeal is accordingly disposed of as withdrawn.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.


          Digitally
          signed by
Balaji    Balaji G.
          Panchal
G.        Date:
Panchal   2021.03.10
          16:28:36
          +0530
                       MILIND N. JADHAV, J                                UJJAL BHUYAN, J




                       BGP.                                                                 2 of 2