1 ITA NO. 6159/DEL/2019 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC-2 NEW DELHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTAN T MEMBER I.T.A. NO. 6159/DE L/2019 (A.Y 2010-11) (THROUGH VIDEO C ONFERENCING) MANJUBANSAL 307, APRA NORTH-EX-PLAZA, H-2, NETAJISUBHASH PLACE, PITAMPURA, NEW DELHI (APPELLANT) VS ITO WARD-40(5) NEW DELHI (RESPONDENT) ORDER PER ANIL CHATURVEDI, AM THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER DATED 31/5/2019 PASSED BY CIT(A)-34 FOR ASSESSMENT YEAR 2 010-11. 2. BEFORE US, THE ASSESSEE HAS MOVED AN APPLICATIO N DATED 26/12/2020, WHERE IN IT IS SUBMITTED THAT THE ASSESS EE HAS FILED FORM NO. 1 & 2 UNDER THE DIRECT TAX VIVAD SE VISH WAS SCHEME (VSV) ACT, 2020 AND HAS RECEIVED FORM NO. 3 FROM TH E DEPARTMENT. THE ASSESSEE, THEREFORE, SEEKS TO WITHDRAW THE APPEAL TO WHICH REVENUE HAS NO OBJECTION. 3. IN VIEW OF THE AFORESAID FACTS AND AFTER CONSIDER ING THE SUBMISSIONS OF THE ASSESSEE, I DISMISS THE APPEAL O F ASSESSEE AS APPELLANT BY MS. KHUSHBUARORA, CA RESPONDENT BY SH. VINOD SHARMA, SR. DR DATE OF HEARING 28.12.2020 DATE OF PRONOUNCEMENT 28.12.2020 2 ITA NO. 6159/DEL/2019 WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISPUT E RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NO T ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID ACT, THE ASSESSE E SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER DIRECTIONS THE APPEAL O F THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.12.2020. SD/- (ANIL CHATURVEDI) ACCOUNTANT MEMBER DATED: 28 /12/2020 R. NAHEED * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI