1 ITA NO. 6371/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. 6371/DEL/20 19 (A.Y 2011-12) (THROUGH VIDEO CON FERENCING) KIRSHNA MUTNEJA 584, DR. MUKHERJI NAGAR DELHI AFDPM1764R (APPELLANT) VS ITO WARD-35(4) R. NO. 910, 9 TH FLOOR, BLOCKE- 2, PRATYAKSH KAR BHAWAN NEW DELHI (RESPONDENT) ORDER PER ANIL CHATURVEDI, AM THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER DATED 20/6/2019 PASSED BY CIT(A)-12 FOR ASSESSMENT YEAR 2011-12. 2. BEFORE US, THE ASSESSEE HAS MOVED AN APPLICATI ON DATED 27/12/2020, WHERE IN IT IS SUBMITTED THAT THE ASSES SEE IS INTERESTED TO RESOLVE THE PENDING ISSUE THROUGH DIR ECT TAX VIVAD SE VISHWASH SCHEME (VSV) ACT, 2020, AND HAS FILED D ECLARATION FORM NO. 1 & 2 BUT THE AUTHORITIES HAVE NOT YET GRA NTED CERTIFICATE IN FORM NO. 3. APPELLANT BY SH. M. L. MUTNEJA, CA RESPONDENT BY SH. VINOD SHARMA, SR. DR DATE OF HEARING 28.12.2020 DATE OF PRONOUNCEMENT 28.12.2020 2 ITA NO. 6371/DEL/2019 3. IN VIEW OF THE AFORESAID FACTS AND AFTER CONSIDER ING THE SUBMISSIONS OF THE ASSESSEE, I DISMISS THE APPEAL O F ASSESSEE AS WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISPUT E RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NO T ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID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FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER DIRECTIONS THE APPEAL O F THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4.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 DELH