IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI A K GARODIA , ACCOUNTANT MEMBER ITA NO . 1771/ BANG / 2019 ASSESSMENT Y EAR : 2015 - 16 SRI VELLIANGIRI SHANMUGAM, NNMS LEGAL CHAMBERS, # 180, 2 ND FLOOR, MAHAVEER ARCADE, 2 ND MAIN, CHAMARAJPET, BENGALURLU 560 018. PAN: ALXPS 0842E VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 5(3)(1), BANGALORE. APPELLANT RESPONDENT APPELLANT BY : SMT. GEETHA RANI , ADVOCATE RESPONDENT BY : SMT. R. PREMI, JCIT, SR.DR (ITAT), BENGALURU. DATE OF HEARING : 2 0 .1 0 . 2020 DATE OF PRONOUNCEMENT : 20 . 10 . 2020 O R D E R PER N.V. VASUDEVAN, VICE PRESIDENT THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE O RDER OF CIT(APPEALS)-5, BENGALURU, RELATING TO ASSESSMENT YEAR 2015-16. 2. THE ASSESSEE HAS FILED A MEMO DATED 16.10.2020 SEEKING TO WITHDRAW THIS APPEAL ON THE GROUND THAT THE ASSESSE E HAS OPTED FOR VIVAD SE VISHWAS SCHEME (VSVS), 2020 BY FILING THE NECESS ARY FORM NO.1 ON 20.5.2020 AND FORM 3 IS AWAITED UNDER THE SCHEME. ACCORDINGLY, THE APPEAL IS DISMISSED AS WITHDRAWN. HOWEVER, THE ASS ESSEE IS AT LIBERTY TO SEEK RECALL OF THIS ORDER IN THE EVENT OF FORM N O.3 NOT BEING ISSUED BY THE DEPARTMENT, OR FOR ANY SUCH REASON UNDER THE VS VS. ITA NO.1771/BANG/2019 PAGE 2 OF 2 3. IN THE RESULT, THE APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 20 TH DAY OF OCTOBER, 2020. SD/- SD/- ( A K GARODIA ) ( N V VASUDEVAN ) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DATED, THE 20 TH OCTOBER, 2020. / DESAI S MURTHY / COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.