Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 5, Cited by 2]

Bombay High Court

Usv Ltd vs Dcit Central Circle -32 on 9 February, 2021

Bench: Ujjal Bhuyan, Milind N. Jadhav

                                                                                2. os itxa 6974-10.doc

R.M. AMBERKAR
(Private Secretary)

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                        O.O.C.J.

                                 INCOME TAX APPEAL NO. 6974 OF 2010


                      USV Limited                                          .. Appellant
                                    Versus
                      Deputy Commissioner of Income Tax,
                      Central Circle - 32, Mumbai.                         .. Respondent

                                                 ...................
                       Mr. Sameer Dalal for the Appellant
                       Mr. Sham Walve 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. Walve, 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 18.03.2010 passed by the Income Tax Appellate Tribunal, 'F' Bench, Mumbai in I.T.A. No. 453/M/ 2009 for the assessment year 2006-07.

3. The appeal was admitted by this Court on 28.11.2011 1 of 3

2. os itxa 6974-10.doc 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.

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 31.01.2021 determining the tax payable by the appellant. 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.

7. Considering the above, we allow the appellant to 2 of 3

2. os itxa 6974-10.doc 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: 2021.02.10
Amberkar   10:28:18 +0530




                                                               3 of 3