IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S, JUDICIAL MEMBER ITA No.144/Nag./2017 (Assessment Year : 2007–08) Sanjay Kisan Chopde 76, V.R.C.E Campus Nagpur–440 011 PAN No: ABAPC6768N ............... Appellant v/s DCIT, Circle–8 Nagpur–440 001 ................... Respondent Assessee by : Shri A.G.Pimperkhede Revenue by : Shri Vitthal M. Bhosale, JCIT Date of Hearing – 06.06.2022 Date of Order – 06.06.2022 O R D E R PER SHRI VIKRAM SINGH YADAV, A.M. This is an appeal filed by the assessee is directed against order of the learned Commissioner of Income Tax (Appeals)-1, Nagpur, dated 21.12.2016 for the assessment year 2007–08, wherein the assessee has challenged the confirmation of levy of penalty under section. 271(1)(c) of the Act. 2 ITA No.144/Nag/2017 2. During the course of hearing, the ld. AR for the assessee has submitted that the assessee has filed an application under Vivad Se Vishwas Scheme (VSVS) and Hon’ble PCIT, Nagpur has issued an order under section. 5(2) of VSVS in Form No. 5, dated 17.12.2021 and in light of the same, the assessee may be allowed to withdrawal the present appeal. 3. The ld. DR is heard, who has not raised any objection in accepting the said prayer of withdrawal of the present appeal. 4. After hearing both the parties and perusing the material available on record. The appeal of the assessee is dismissed as withdrawn. Order pronounced in the open Court on 06 .06.2022 Sd/– YOGESH KUMAR U.S JUDICIAL MEMBER Sd/– VIKRAM SINGH YADAV ACCOUNTANT MEMBER NAGPUR, DATED: 06 .06.2022 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The CIT(A); (4) The CIT, Nagpur City concerned; (5) The DR, ITAT, Nagpur; (6) Guard file. 3 ITA No.144/Nag/2017 True Copy By Order Kasarla Thirumalesh Sr. Private Secretary (A.R./Sr. P.S./P.S.) ITAT, Nagpur