IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) B BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI M. BALAGANESH , HON'BLE ACCOUNTANT MEMBER ITA NO. 6310 /MUM/201 9 (A.Y: 2008 - 09 ) DCIT CC 8(4) ROOM NO. 656, 6TH FLOOR AAYAKAR BHAVAN, M.K. ROAD MUMBAI - 400020 V. BHARAT R. RUIA (HUF) B.R INTERNATIONAL RUIA HOUSE 19, BHAUSAHEB HIRE MARG MALABAR HILL, MUMBAI 400006 PAN: AACHB3596E (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SHRI RAHUL RAMAN DATE OF HEARING : 17 .05.2021 DATE OF PRONOUNCEMENT : 17 .05.2021 O R D E R PER C.N. PRASAD (JM) 1. TH IS APPEAL IS FILED BY THE ASSESSEE AGAINST ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 5 0 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 16.07.2019 FOR THE A.Y . 2008 - 09 . 2. ASSESSEE THROUGH E - MAIL DATED 14 TH MAY, 2021 SUBMITTED THAT IT HAD OPTED FOR VIVAD SE VISHWAS SCHEME IN APPEAL NUMBER 6310/MUM/2019 2 ITA NO. 6310/MUM/2019 (A.Y: 2008 - 09) BHARAT R. RUIA (HUF) AND REQUESTED FOR WITHDRAWAL OF APPEAL. ASSESSEE ALSO ENCLOSED FORM - 2 AND FORM - 5 ISSUED BY THE REVENUE ACCEPTING THE DECLARATION FILED BY THE ASSESSEE. LD. DR ALSO STATED THAT ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME AND FORM - 5 IS ALSO ISSUED TO THE ASSESSEE. IN VIEW OF THE SUBMISSIONS AND TAKING NOTE OF THE FACT THAT THE ASSESSEE HAS RECEIVED FORM - 5 FROM THE REVENUE, THIS APPEAL IS DISMISSED AS WITHDRAWN. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE VIRTUAL COURT ON 1 7 .05.2021. SD/ - SD/ - ( M. BALAGANESH ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 17 .05 .2021 GIRIDHAR, SR.PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM