ITA NO . 5086/MUM/2019 A SSESSMENT YEAR: 2009 - 10 PAGE 1 OF 2 INCOME TAX APPELLATE TRIBUNAL MUMBAI SMC BENCH, MUMBAI [CORA M: PRAMOD KUMAR, VICE PRESIDENT AND PAV AN KUMAR GADALE, JUDICIAL MEMBER] ITA NO. 5086/MUM/2019 ASSESSMENT YEAR : 2009 - 10 SIMPLE RAKESH JAIN .. APPELLANT 901/A, NAVKAR DARSHAN, ULSTER ROAD, BYCULLA EAST, MUMBAI - 400 027 [PAN : AEHPJ 8160M] VS. ITO, WARD - 18(3)(3) .RESPONDENT MUMBAI APPEARANCES: NAMRATA KASALE FOR THE APPELLANT SUNIL KUMAR MISHRA FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING: : AUGUST 27, 2021 DATE OF PRONOUNCEMENT : AUGUST 27, 2021 O R D E R PER PRAMOD KUMAR, VP : 1. THE ASSESSEE HAS MOVED PETITION SEEKING WITHDRAWAL OF THE APPEAL AND THE ASSESSEE HAS ALSO FILED FORM NOS. 1, 2, & 3 ON THE GROUND THAT THE MATTER IS SETTLED UNDER VIVAD SE VISHWAS SCHEME 2020. 2. LEARNED DEPARTMENTAL REPRESENTATIVE DOES NOT OPPOSE THE PRAYER SO MADE BY THE ASSESSEE. 3. THERE IS NO DISPUTE THAT ONCE THE MATTER IS RESOLVED UNDER VIVAD SE VISHWAS SCHEME 2020, THE RELATED APPEAL IS REQUIRED TO BE WITHDRAWN. ITA NO . 5086/MUM/2019 A SSESSMENT YEAR: 2009 - 10 PAGE 2 OF 2 4. IN VIEW OF THE ABOVE POSITION, AS ALSO BEARING IN MIND ENTIRETY OF THE CASE, WE DEEM IT FIT AND PROPER TO DISMISS THE APPEAL AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT TODAY ON THE 27 TH AUGUST, 2021 . SD/ - SD/ - PAV AN KUMAR GADALE PRAMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) MUMBAI, DATED THE 27 TH DAY OF FEBRUARY, 2021 ROSHANI, SR. PS COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI