IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI. A.K. GARODIA, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.1126/BANG/2019 ASSESSMENT YEAR : 2009 10 SMT. LAKSHMAMMA, NO.42, OPP. BAJANEMANE, HONGASANDRA MAIN ROAD, GARVEBHAVIPALYA, BENGALURU-560 068. PAN ALAPL 8261 D VS. THE INCOME TAX OFFICER, CIRCLE-4(3)(4), BENGALURU. APPELLANT RESPONDENT APPELLANT BY : SMT. SUMAN LUNKAR, C.A RESPONDENT BY : SHRI PRIYADARSHI MISHRA, JCIT (DR) DATE OF HEARING : 28-09-2020 DATE OF PRONOUNCEMENT : 05-10-2020 ORDER PER BEENA PILLAI, JUDICIAL MEMBER PRESENT APPEAL HAS BEEN FILED BY ASSESSEE AGAINST O RDER DATED 21/03/2019 PASSED BY LD.CIT(A)-9, BANGALURU F OR ASSESSMENT YEAR 2009-10. 2. A LETTER DATED 26/09/2020 HAS BEEN FILED BY LD. AR STATING THAT ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME , 2020. IT HAS BEEN SUBMITTED THAT ASSESSEE SEEKS WITHDRAWAL O F THE APPEAL. PAGE 2 OF 3 ITA NO.1126/BANG/2019 3. LD.SR.DR DO NOT OBJECT TO THE SAME. 4. WE HAVE PERUSED SUBMISSIONS ADVANCES BY BOTH SID ES IN LIGHT OF RECORDS PLACED BEFORE US. 5. AS ASSESSEE HAS SOUGHT FOR VSVS- SCHEME 2020, NO PURPOSE WILL BE SERVED IN KEEPING THE PRESENT APPEAL PENDIN G. WE NOTE THAT ASSESSEE HAS YET NOT RECEIVED FORM 3 FROM THE DEPARTMENT. CONSIDERING THE SITUATION, WE DISMISS THE PRESENT A PPEAL AS WITHDRAWN. HOWEVER, LIBERTY IS GRANTED TO MOVE APPR OPRIATE APPLICATION FOR RECALL OF THIS ORDER, IN THE EVENT, FORM 1 FILED BY ASSESSEE IS NOT ACCEPTED BY REVENUE. IN THE RESULT, WITH ABOVE LIBERTY, WE DISMISS PRESE NT APPEAL AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH OCT, 2020 SD/- SD/- (A.K GARODIA) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL ME MBER BANGALORE, DATED, THE 5 TH OCT, 2020. /VMS/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE