Page | 1 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH “B”: NEW DELHI ] BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER A N D SHRI N. K. CHOUDHRY, JUDICIAL MEMBER (Through Video Conferencing) ITA. No. 4337/Del/2019 (Assessment Year: 2012-13) Deevin Seismic Systems Pvt. Ltd., C/o. DECG International, Plot No. 69–C, Sector : A, Industrial Area, Bhopal Hoshangabad Road (NH 46) Mandideep Road, Distt. Raisen, M.P.–462 046. PAN: AACCD8996P Vs. Income Tax Officer, Ward : 1 (2), Faridabad. (Appellant) (Respondent) Assessee by : ShriRajneesh Mathur, C.A.; Department by: Ms. Sangeetayadav, Sr.D.R. Date of Hearing : 20/12/2021 Date of pronouncement : 20/12/2021 O R D E R PER N. K. CHOUDHRY, J. M. 1. This appeal has been preferred by the Assessee against the order dated 27.02.2019 impugned herein passed by the ld. Commissioner of Income Tax (Appeals), Faridabad, for assessment year 2012-13. 2. The Assessee has preferred the instant application under consideration for withdrawal of the appeal. Page | 2 3. During the course of hearing, the Ld. Counsel for the Assessee submitted that since the Assessee has availed the immunity scheme i.e; Vivad Se Vishwas under The Direct Tax Vivad se Vishwas Act, 2020 and theIncome Tax Department has issued Form No. 3 in response to the application filed by the Assessee under the scheme, therefore the appeal of the Assessee may be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case any unforeseen circumstances would arise in future. 4. The Ld. DR raised no objection, if the appeal of the Assessee is allowed to be dismissed as withdrawn. 5. Having heard the parties and perused the application for withdrawal of the appeal and Form-3 dated 17 th of December (Copy already on record) issued by the Department, considering the facts and circumstances, the appeal of Assessee is liable to be dismissed as withdrawn with liberty as prayed for in accordance of law, hence ordered accordingly. 6. In the result, instant appeal of the Assessee stand dismissed as withdrawn. Order pronounced in the open court on :20/12/2021. Sd/- Sd/- ( R. K. PANDA ) ( N. K. CHOUDHRY ) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 20/12/2021. *MEHTA* Page | 3 Copy forwarded to 1. Appellant; 2. Respondent; 3. CIT 4. CIT (Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, New Delhi. Date of dictation 20.12.2021 Date on which the typed draft is placed before the dictating member 20.12.2021 Date on which the typed draft is placed before the other member 20.12.2021 Date on which the approved draft comes to the Sr. PS/ PS 20.12.2021 Date on which the fair order is placed before the dictating member for pronouncement 20.12.2021 Date on which the fair order comes back to the Sr. PS/ PS 20.12.2021 Date on which the final order is uploaded on the website of ITAT 20.12.2021 date on which the file goes to the Bench Clerk 20.12.2021 Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the order