Bombay High Court
Parle Biscuits Pvt. Ltd vs The Additional Commissioner Of Income ... on 9 February, 2021
Bench: Ujjal Bhuyan, Milind N. Jadhav
6. os itxa 1235-15.doc
R.M. AMBERKAR
(Private Secretary)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
INCOME TAX APPEAL NO. 1235 OF 2015
Parle Biscuits Pvt Ltd .. Appellant
Versus
Addl. Commissioner of Income Tax
Circle - 9(2), Mumbai .. Respondent
...................
Mr. Sameer Dalal for the Appellant
Mr. Arvind Pinto for the Respondent
...................
CORAM : UJJAL BHUYAN &
MILIND N. JADHAV, JJ.
DATE : FEBRUARY 09, 2021.
P.C.:
Heard Mr. Dalal, learned counsel for the appellant and Mr. Pinto, learned standing counsel revenue 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 20.05.2015 passed by the Income Tax Appellate Tribunal, 'C' Bench, Mumbai in I.T.A. No. 6783/ Mum/2012 for the assessment year 2009-10.
3. The appeal was admitted by this Court on 28.11.2017 1 of 3
6. os itxa 1235-15.doc 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 before the Designated Authority which has thereafter issued a certificate under section 5(1) of the said Act on 27.01.2021 to the appellant determining the tax payable at nil. 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.
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6. os itxa 1235-15.doc
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 Accordingly, the appeal is disposed of as withdrawn.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
by Ravindra M.
Ravindra Amberkar
M. Date:
2021.02.10
Amberkar 10:35:19
+0530
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