IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD SMC BENCH : HYDERABAD (THROUGH VIDEO CONFERENC E ) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER ITA NO. 2 /HYD./ 20 20 ASSESSMENT YEAR: 2009 - 10 SRI SYED TAJAMUL HUSSAIN VS. ITO, WARD 7(1) HYDERABAD HYDERABAD PAN: ABNPS1892A (APPELLANT) (RESPONDENT) FOR ASSESSEE : SRI MOHD. AFZAL, ADV. FOR REVENUE : SH. D.J.P. ANAND, D.R. DATE OF HEARING : 21 / 01 /202 1 DATE OF PRONOUNCEMENT : 29 / 01 /202 1 O R D E R THIS IS ASSESSEES APPEAL FILED AGAINST THE ORDER OF CIT(A) - 3, HYDERABAD DATED 14.11.2019 RELATING TO A.Y. 20 09 - 10 . 2. AT THE OUTSET, THE LD.AR SUBMITTED BEFORE US THAT THE ASSESSEES DOES NOT WANT TO PURSUE THE APPEAL AS ASSESSEE HAS ALREADY FILED FORMS I & II UNDER THE DIRECT TAXES VIVAD SE VISHWAS SCHEME, 2020 A ND ITS ACCEPTANCE IS AWAITED. THEREFORE, CONSEQUENT TO THE SAME, THE ASSESSEES DESIRES TO WITHDRAW THE APPEAL BEFORE THE TRIBUNAL. HENCE IT WAS PLEADED, THAT THE APPEAL OF THE ASSESSEE MAY BE TREATED AS WITHDRAWN. 3. THE LD.DR CONCEDED TO THE REQUEST OF THE LD.A.R. ITA NO . 2 /HYD./ 2020 AY 20 09 - 10 SYED TAJAMUL HU SSAIN, HYD. 2 4. AFTER HEARING BOTH THE PARTIES, ACCORDING TO THE REQUEST OF THE ASSESSEES AR, I HEREBY ALLOW THE APPEAL OF THE ASSESSEE TO BE WITHDRAWN. HOWEVER, I ALSO MAKE IT CLEAR THAT IF ASSESSEES CASE IS NOT ACCEPTED IN THE VIVAD SE VISHWAS SC HEME BY THE REVENUE FOR WHATSOEVER MAY BE THE REASON, THEN THE ASSESSEE SHALL BE AT LIBERTY TO FILE MISC. APPLICATION BEFORE THE TRIBUNAL WITHIN THE TIME LIMIT PRESCRIBED UNDER THE ACT TO REINSTATE ASSESSEES APPEAL. ORDERED ACCORDINGLY. 5. IN THE RESU LT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON 29 /01/2021 . SD/ - (P. MADHAVI DEVI) JUDICIAL MEMBER DATED: 29 TH JANUARY, 2021 *GMV COPY OF ORDER FORWARDED TO: 1. SRI SYED TAJAMUL HUSSAIN, C/O MOHD. AFZAL, ADVOCATE, 402, SHERSONS RESIDENCY, 11 - 5 - 465, CRIMINAL COURT ROAD, RED HILLS, HYDERABAD 500 004 . 2. ITO, WARD 7(1), HYDERABAD . / ACIT, RANGE 7, HYDERABAAD 3. C IT( A ) - 3, HYDERABAD . 5 . PR.CIT - 3, HYDERABAD 6 D.R. ITAT HYDERABAD 7 . GUARD FILE