ITA NO .170 9 /MUM/2020 A SSESSMENT YEAR: 2008 - 09 PAGE 1 OF 2 INCOME TAX APPELLATE TRIBUNAL MUMBAI SMC BENCH, MUMBAI [CORAM: PRAMOD KUMAR, VICE PRESIDENT AND RAVISH SOOD, JUDICIAL MEMBER] ITA NO. 1709/MUM/2020 ASSESSMENT YEAR: 2008 - 09 SHINE STAR .. APPELLANT BW 3021/3032, BHARAT DIAMOND BOURSE, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI - 400 051, [PAN: AAABFS2911F ] VS. ASSISTANT COMMISSIONER OF INCOME TAX - 19(3) MUMBAI .RESPONDENT APPEARANCES: NONE (ASSESSEES APPLICATION DATED 03.09.2021) FOR THE APPELLANT SUNIL S. DESHPANDE FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING: : SEPTEMBER 17, 2021 DATE OF PRONOUNCEMENT : SEPTEMBER 20, 2021 O R D E R PER PRAMOD KUMAR, VP : 1. THE ASSESSEE HAS MOVED PETITION SEEKING WITHDRAWAL OF THE APPEAL AND THE ASSESSEE HAS ALSO FILED FORM NO. 1 & 3, ON THE GROUND THAT THE MATTER IS SETTLED UNDER VIVAD SE VISHWAS SCHEME 2020. 2. LEARNED DEPARTMENTAL REPRESENTATIVE DOES NOT OPPOSE THE PRAYER SO MADE BY THE ASSESSEE. 3. THERE IS NO DISPUTE THAT ONCE THE MATTER IS RESOLVED UNDER VIVAD SE VISHWAS SCHEME 2020, THE RELATED APPEAL IS REQUIRED TO BE WITHDRAWN. ITA NO .170 9 /MUM/2020 A SSESSMENT YEAR: 2008 - 09 PAGE 2 OF 2 4. IN VIEW OF THE ABOVE POSITION, AS ALSO BEARING IN MIND ENTIRETY OF THE CASE, WE DEEM IT FIT AND P ROPER TO DISMISS THE APPEAL AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT TODAY ON THE 20 TH SEPTEMBER, 2021. S D / - S D / - RAVISH SOOD PRAMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) MUMBAI, DATED THE 20 TH DAY OF SEPTEMBER, 2021 COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI