Bombay High Court
Bayer Material Sciemce Pvt. Ltd vs The Additional Commissioner Of Imncome ... on 22 December, 2020
Author: Abhay Ahuja
Bench: Ujjal Bhuyan, Abhay Ahuja
Digitally
Minal signed by
Minal V. Parab
V. Date:
2020.12.22
Parab 15:49:35
+0530
Priya Soparkar 1 5b itxa 1038-12-os
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.1038 OF 2012
Bayer Material Science Private Limited ... Appellant
V/s.
Additional Commissioner of Income Tax,
Range-10(3), Mumbai. ... Respondent
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Ms.Jasmin Amalsadvala i/by M/s PDS Legal, Advocate for the
Appellant.
Mr.Sham Walve h/f Mr. Tejveer Singh, Advocates for the
Respondent.
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CORAM : UJJAL BHUYAN &
ABHAY AHUJA, JJ.
DATE : DECEMBER 22, 2020 P.C.:-
1. Heard Ms.Jasmin Amalsadvala, learned counsel for the appellant; and Mr.Sham Walve, learned counsel holding for Mr.Tejveer Singh, learned standing counsel, Revenue for the respondent.
2. This appeal has been preferred under Section 260A of the Income Tax Act, 1961 by the assessee as the appellant against the order dated 16th December, 2011 passed by the Income Tax Appellate Tribunal, Mumbai Bench in Income Tax Appeal No.7977/Mum/2010 for the assessment year 2006-07.
3. By order dated 28th January, 2013 the appeal was admitted by this court on the substantial questions of law framed therein.
Priya Soparkar 2 5b itxa 1038-12-os
4. Today the appeal has been listed on praecipe filed by the appellant.
5. Learned counsel for the appellant submits that during the pendency of the appeal Parliament has enacted the Direct Tax Vivad Se Vishwas Act, 2020 providing for a scheme for resolution of tax disputes. Appellant had filed a declaration under section 3 of the said Act before the Designated Authority which Authority has issued certificate under section 5(1) on 15 th December, 2020 determining the amount of tax payable by the appellant which is Rs.4,38,19,833.00. For passing of final order under section 5(2) of the said Act, appellant is required to withdraw the appeal under section 4(3). Hence, the prayer for withdrawal.
6. Learned counsel for the respondent has no objection to the prayer made.
7. In view thereof, we allow the prayer for withdrawal.
Consequently, the appeal is disposed of on withdrawal.
8. Refund of court fee as per rules.
9. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
(ABHAY AHUJA, J.) (UJJAL BHUYAN, J.)
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