IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) F BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL , HON'BLE ACCOUNTANT MEMBER ITA NO . 4651 /MUM/2019 (A.Y : 2015 - 16 ) V NAGESH HUF B - 706, BLUE HEAVEN RAHEJA VIHAR, PAWAI MUMBAI 400072 PAN: AABHV6234N V. ACIT 26( 3) ROOM NO. 501 , 5 TH FLOOR C - 11, BKC, MUMBAI - 400051 (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI POOJAN MEHTA DEPARTMENT BY : SHRI RAJESH YADAV DATE OF HEARING : 21 .06.2021 DATE OF PRONOUNCEMENT : 21 .06.2021 O R D E R PER C.N. PRASAD (JM) 1. TH IS APPEAL IS FILED BY THE ASSESSEE AGAINST ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 38 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 25.02.2019 FOR THE A.Y .2015 - 16 . 2. AT THE TIME OF HEARING THE APPEAL VIRTUALLY, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT ASSES SEE OPTED FOR VIVAD SE VISHWAS SCHEME AND 2 ITA NO . 4651 /MUM/2019 (A.Y : 2015 - 16 ) V NAGESH HUF FILED DECLARATION AND UNDERTAKING IN FORM - 1 AND FORM - 2 TO SETTLE THE LITIGATION . F URTHER, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT ASSESSEE RECEIVED FORM - 3 FROM THE REVENUE ACCEPTING THE SAID DECLARATION . LD. COUNSEL FOR THE ASSESSEE REQUESTED FOR WITHDRAWAL OF APPEAL . IN VIEW OF THE SUBMISSIONS AND TAKING NOTE OF THE FACT THAT THE ASSESSEE HAS RECEIVED FORM - 3 FROM THE REVENUE, TH IS APPEAL IS DISMISSED AS WITHDRAWN. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN VIRTUAL COURT ON 21 .06.2021 . SD/ - SD/ - ( MANOJ KUMAR AGGARWAL ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 21 / 06/2021 GIRIDHAR, SR.PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM