IN THE INCOME TAX APPELLATE TRIBUNAL DELHI A BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.7683/DEL/2019 ASSESSMENT YEAR : 2016-17 KPL INTERNATIONAL LTD., 21, 2 ND FLOOR, INDRAPRAKASH BUILDING, BARAKHAMBA ROAD, CONNAUGHT PLACE, NEW DELHI-110001. PAN-AAACK3878R VS ACIT, CIRCLE-14(2), NEW DELHI. APPELLANT RESPONDENT APPELLANT BY SH.AKSHAY UPPAL, CA RESPONDENT BY SH.M.BARNWAL, SR.DR DATE OF HEARING 08.01.2021 DATE OF PRONOUNCEMENT 08.01.2021 ORDER PER G.S. PANNU, VP : THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2 016-17 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-5, NEW DELHI DATED 28.06.2019. 2. THE ASSESSEE, VIDE ITS LETTER DATED 06.01.2021, RECEIVE D THROUGH EMAIL, HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL FILED BY HIM AND STATED THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELA TING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UN DER THE VIVAD SE VISHWAS SCHEME, 2020. 3. CONSIDERING THE AFORESAID SITUATION, THE CAPTIONED APPEA L IS CONSIGNED TO RECORDS AND TREATED AS DISMISSED. 2 4. HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESS MENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESTATED ACT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPLICATI ON APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE ) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 5. IN VIEW OF THE AFORESAID, THE APPEAL IS CONSIGNED TO REC ORD AND, FOR STATISTICAL PURPOSES, IS TREATED AS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HE ARING IN THE PRESENCE OF THE BOTH PARTIES ON 08 TH JANUARY, 2021. SD/- SD/- (SUDHANSHU SRIVASTAVA) (G.S. PANNU) JUDICIAL MEMBER VICE PRESID ENT * AMIT KUMAR * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI