IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: D NEW DELHI BEFORE SHRI O.P. KANT, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.543/DEL./2017 ASSESSMENT YEAR: 2012-13 M/S. MEDIA AGILITY INDIA PVT. LTD., SCO-43, OLD JUDICIAL COMPLEX, SECTOR-15, GURGAON VS. ITO, WARD-2(4), GURGAON PAN :AAGCM6049L (APPELLANT) (RESPONDENT) ORDER PER O.P. KANT, AM: THE PRESENT APPEAL BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-1, GU RGAON, DATED 16.11.2016 PASSED FOR ASSESSMENT YEAR 2012-13. 2. THE LEARNED COUNSEL FOR THE ASSESSEE HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL FILED BY THE ASSESSEE AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING T O TAX ARREARS FOR ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE APPELLANT BY SHRI RAJESH ARORA, CA RESPONDENT BY SHRI SOHAIL MALIK, SR.DR DATE OF HEARING 22.12.2020 DATE OF PRONOUNCEMENT 22.12.2020 2 ITA NO. 543/DEL./2017 VISHWAS SCHEME, 2020. HE HAS FILED FORM NOS. 1 AND 2 FOR THE SAME AND FORM NO. 3 IS STILL AWAITED. 3. LEARNED DR DID NOT OBJECT TO THE SAME. 4. IN VIEW OF ABOVE, WE ACCEPT THE REQUEST OF THE ASS ESSEE FOR WITHDRAWAL OF THE APPEAL. HOWEVER, IF THE DISPUTE R ELATING TO TAX ARREARS IS NOT ULTIMATELY RESOLVED IN TERMS OF THE VIVAD SE VISHWAS SCHEME, 2020, THE ASSESSEE SHALL BE AT LIBE RTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF THE APP EAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIAT ELY AS PER LAW. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMI SSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND DECEMBER, 2020. SD/- SD- (SUCHITRA KAMBLE) (O.P. KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 22 ND DECEMBER, 2020. RK/- (D.T.D.S.) COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI