IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI , ACCOUNTANT MEMBER ITA NO. 2077/B ANG /2019 ASSESSMENT YEAR : 2017 - 18 M/S DEETA CONSTRUCTIONS PRIVATE LIMITED, NO. 41, MANTRI HOUSE, VITTAL MALLYA ROAD, BANGALORE-560001 PAN: AACCD 6981C VS. THE ASST. COMMISSIONER OF INCOME TAX, TDS CIRCLE-2(1), BANGALORE. APPELLANT RESPONDENT APPELLANT BY : SHRI V. SRINIVASAN, ADVOCATE RESPONDENT BY : SHRI KANNAN NARAYAN AN, J CIT(DR)(ITAT), BENGALURU. DATE 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 30.07.2019 OF CIT(APPEALS) 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 THE BENCH POINTED OUT THAT THE BANGALORE BENCHES IN SUC H CASES IS DISMISSING THE APPEAL AS WITHDRAWN, WITH LIBERTY TO SEEK RECAL L OF THE ORDER, TO WHICH ITA NO.2077/B/2019 PAGE 2 OF 2 THE LD.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 ACCORDIN GLY, THE APPEAL IS DISMISSED AS WITHDRAWN.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 NON-RECEIPT OF FORM 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/- ( CHANDRA 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.