IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA P OOJA RI , ACCOUNTANT MEMBER ITA NO. 2075/BANG/2019 ASSESSMENT YEAR : 2017 - 18 M/S. MANTRI INFRASTRUCTURE PRIVATE LIMITED, NO.41, MANTRI HOUSE, VITTAL MALLYA ROAD, BANGALORE 560 001. PAN: AAFCM 1651B VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE 2[1], BANGALORE. APPELLANT RESPONDENT APPELLANT BY : SHRI V. SRINIVASAN, ADVOCATE RESPONDENT BY : SHRI KANNAN NARAYANAN, JT. CIT(DR)(ITAT), BENGALURU. D ATE OF HEARING : 03. 11 .2020 DATE OF PRONOUNCEMENT : 03 . 11 .2020 O R D E R PER N.V. VASUDEVAN, VICE PRESIDENT THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER DATED 30.7.2019 OF CIT(APPEALS), BANGALORE-9, BANGALORE, RELATING TO ASSESSMENT YEAR 2017-18. 2. DURING THE COURSE OF HEARING OF THE APPEAL, THE LD. COUNSEL FOR THE ASSESSEE SOUGHT ADJOURNMENT ON THE GROUND THAT THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME ACT (VSVS), 2020 BY FI LING THE APPLICATIONS IN FORM 1 & FORM 2. ISSUE OF FORM 3 BY THE DEPARTM ENT IS AWAITED. THE BENCH POINTED OUT THAT THE BANGALORE BENCHES IN SUC H CASES IS DISMISSING THE APPEAL AS WITHDRAWN, WITH LIBERTY TO SEEK RECAL L OF THE ORDER, TO WHICH ITA NO.2075/BANG/2019 PAGE 2 OF 2 THE LD. COUNSEL FOR THE ASSESSEE AGREED. ACCORDIN GLY, THE APPEAL IS DISMISSED AS WITHDRAWN. HOWEVER, THE ASSESSEE IS A T LIBERTY TO SEEK RECALL OF THIS ORDER IN THE EVENT OF FORM NO.3, OR FOR ANY SUCH REASON UNDER THE VSVS. 3. IN THE RESULT, THE APPEAL IS DISMISSED AS WIT HDRAWN. PRONOUNCED IN THE OPEN COURT ON THIS 03 RD DAY OF NOVEMBER, 2020. SD/- SD/- ( CH ANDRA POOJARI ) ( N V VASUDEVAN ) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DATED, THE 03 RD NOVEMBER, 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.