IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI AMIT SHUKLA, JUDICIAL MEMBER ITA NO. 5072/DEL/2018 ASSESSMENT YEAR 2015-16 SHRI RAJAT VERMA, C/O ANIL JAIN DD & CO, CA, 611, SURYA KIRAN BUILDING, 19, K.G. MARG, NEW DELHI-110001 (PAN: AOFPV7999N) VS ITO, WARD 57(3), NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI ANIL KUMAR JAIN, ADVOCA TE RESPONDENT BY: SHRI M. BARNWAL, SR. DR DATE OF HEARING : 16.11.2020 DATE OF PRONOUNCEMENT : 16.11.2020 ORDER PER G.S. PANNU, VICE PRESIDENT THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-19, DELHI DATED 1.6.2018 AND PERTAINS TO ASSESSMENT YEAR 2015-16. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE HIS LETTER DATED 7.11.2020, HAS INTIMATED THE TRIBUNAL THAT THE ASSESSEE HAS OPT ED TO SETTLE THE DISPUTE RELATING ITA 5072/D/2018 2 TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CO NSIDERATION UNDER THE VIVAD SE VISHWAS ACT, 2020 (IN SHORT THE ACT' ) AND REQU ESTED FOR WITHDRAWAL OF THE SAID APPEAL. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTION ED APPEAL IS CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT TH AT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMEN T YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT, THE APPEL LANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTI ON OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIAT ELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WIT H REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGNE D TO RECORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 16 TH NOVEMBER, 2020. SD/- SD/- (AMIT SHUKLA) ( G.S. PANNU ) JUDICIAL MEMBER VICE PRESIDENT GS ITA 5072/D/2018 3 COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSISTANT REGISTRAR