IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, M UMBAI BEFORE SHRI SAKTIJIT DEY, JM AND SHRI RAJESH KUMAR, AM I.T.A. NO. 372/MUM/2021 (ASSESSMENT YEAR: 2009-10) SHRI TUSHAR ANIL SHETH 190, 2 ND FLOOR, NAGDEVI STREET, MUMBAI-400 003 VS. ITO-17(3)(4) MUMBAI PAN/GIR NO. AAJPS 7601 Q ( APPELLANT ) : ( RESPONDENT ) APPELLANT BY : SHRI KIRAN MEHTA RESPONDENT BY : MS. SMITA VERMA DATE OF HEARING : 23.06.2021 DATE OF PRONOUNCEMENT : 23.06.2021 O R D E R PER RAJESH KUMAR, A. M.: THIS APPEAL BY ASSESSEE IS DIRECTED AGAINST THE ORD ER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-28, MUMBAI (IN SHORT THE CIT( A)) PERTAINING TO ASSESSMENT YEAR 2009-10. 2. AT THE OUTSET, AT THE TIME OF HEARING, THE LD. A R BROUGHT TO OUR NOTICE THE LETTER FILED BY THE ASSESSEE DATED 24.03.2021 REQUESTING T HE BENCH TO ALLOW THE WITHDRAWAL OF THE APPEAL, AS THE ASSESSEE HAS OPTED FOR RESOLUTIO N OF DISPUTE UNDER THE VIVAD SE VISHWAS SCHEME. 3. AFTER HEARING BOTH SIDES AND PERUSING THE FACTS ON RECORDS, WE DISMISS THE APPEAL AS WITHDRAWN. 2 ITA NO. 372/MUM/2021 (A.Y.:2009-10) SHRI TUSHAR ANIL SHETH VS. ITO 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 23.06.2021 SD/- SD/ - (SAKTIJIT DEY) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED : 23.06.2021 ROSHANI , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT - CONCERNED 5. DR, ITAT, MUMBAI 6. GUARD FILE BY ORDER, (DY./ASSTT. REGISTRAR) ITAT, MUMBAI