Bombay High Court
Indian Oil Corporation Limited,Mum vs The Assistant Commissioner Of ... on 23 February, 2021
Bench: Ujjal Bhuyan, Milind N. Jadhav
9.os itxa 636-08.doc
R.M. AMBERKAR
(Private Secretary)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
INCOME TAX APPEAL NO.636 OF 2008
Indian Oil Corporation Limited, G-9 Ali
Yavar Jung Marg, Bandra (East), Mumbai .. Appellant
Versus
Assistant Commissioner of Income Tax,
Range 10(1), Mumbai. .. Respondent
...................
Mr. Atul Jasani for the Appellant.
Ms. Swapna Gokhale h/f. Mr. Suresh Kumar for the
Respondent.
...................
CORAM : UJJAL BHUYAN &
MILIND N. JADHAV, JJ.
DATE : FEBRUARY 23, 2021.
P.C.:
Heard Mr. Atul Jasani, learned counsel for the appellant and Ms. Swapna Gokhale, learned counsel holding for Mr. Suresh Kumar, 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 29.08.2007 passed by the Income Tax Appellate Tribunal, 'A' Bench, Mumbai in I.T.A. No.7017/Mum/2002 for the assessment year 1996-97.
3. The appeal was admitted by this Court on 22.09.2008 on the substantial questions of law framed in the said order.
4. Today the appeal is before us on a praecipe fled by learned counsel for the appellant.
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9.os itxa 636-08.doc
5. It is submitted that Parliament has enacted the Direct Tax Vivad se Vishwas Act, 2020 (briefy 'the Act' hereinafter) providing for a scheme for resolution of tax disputes. Appellant has fled a declaration under section 3 of the said Act on 02.12.2020 before the Designated Authority which had thereafter issued a certifcate under section 5(1) of the said Act on 16.02.2021 determining the amount payable by the appellant at Nil. However, for passing of the fnal 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 Accordingly, the appeal is disposed of as withdrawn.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.
[ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ]
Digitally signed
Ravindra by Ravindra M.
M. Amberkar
Date: 2021.02.23
Amberkar 14:27:47 +0530
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