IN THE INCOME TAX APPELLATE TRIBUNAL DELHI SMC-1 BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI R.K.PANDA, ACCOUNTANT MEMBER & MS.SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.303/DEL/2019 ASSESSMENT YEAR : 2009-10 GENESIS CONBUILD PVT.LTD., C/O-VIPIN GARG & CO., R-2, IIND FLOOR, RAJ KUNJ, RAJ NAGAR, GHAZIABAD-201001. PAN-AADCG1158K VS ITO, WARD-10(1), NEW DELHI APPELLANT RESPONDENT APPELLANT BY SH. VIPIN GARG, ADV. RESPONDENT BY SH. AJAY KUMAR, SR.DR DATE OF HEARING 13 . 0 1.202 1 DATE OF PRONOUNCEMENT 13 . 0 1.202 1 ORDER PER R.K.PANDA, AM : THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEA R 2009-10 IS DIRECTED AGAINST THE ORDER OF CIT(A)-35, NEW DELHI DATED 28. 09.2018. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE ITS L ETTER DATED 06.01.2021, RECEIVED THROUGH EMAIL, HAS REQUESTED FOR WITHDRAWA L OF THE APPEAL FILED BY HIM AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE TH E DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 2020. A CERTIFICATE TO THIS EFFECT UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAS ALSO BEEN FILED. 3. LEARNED SENIOR DR HAS NO OBJECTION. ITA NO.303/DEL/2019 2 | P A GE 4. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF T HE ASSESSEE FOR WITHDRAWAL OF THE APPEAL. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED AS WITHDRAWN. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRT UAL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 13 TH JANUARY, 2021. SD/- SD/- (SUCHITRA KAMBLE) (R.K.PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED-13.01.2021 * AMIT KUMAR * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI