IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLA, JUDICIAL MEMBER ITA NO. 487/BANG/201 9 ASSESSMENT YEAR : 2015 - 16 JAGDISH PANDURANG NAYAK, C/O. MR. SATISH HEBBAR, CA, 38/A, 2 ND FLOOR, MOUNT JOY EXTN., 1 ST MAIN ROAD, HANUMANTHANAGAR BANGALORE 560 019. PAN: ABGPN 7538 M VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 6(3)(1), BANGALORE. APPELLANT RESPONDENT APPELLANT BY : SHRI SATIS H HEBBAR, CA RESPONDENT BY : SHRI KANNAN NARAYANAN, JT.CIT(DR)(ITAT), BENGALURU. D ATE OF HEARING : 15.07.2021 DATE OF PRONOUNCEMENT : 15.07.2021 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER DATED 08.01.2019 OF CIT(APPEALS), BENGALURU 6, BENGALURU RELATING TO ASSESSMENT YEAR 2015-16. 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POINTED OUT THAT THE BANGALORE BENCHES IN SUC H CASES IS DISMISSING ITA NO. 487/BANG/2019 PAGE 2 OF 2 THE APPEAL AS WITHDRAWN, WITH LIBERTY TO SEEK RECAL L OF THE ORDER, TO WHICH THE LD.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 ACCORDIN GLY, THE APPEAL IS DISMISSED AS WITHDRAWN.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 FORM NO.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 15 TH DAY OF JULY, 2021. SD/- SD/- ( BEENA PILLAI ) ( CH ANDRA POOJARI ) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 15 TH JULY, 2021. / DESAI S MURTHY / COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.