IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI G. S. PANNU, VICE PRESIDENT AND SHRI KUL BHARAT, JUDICIAL MEMBER I.T.A NO.769/DEL/2019 (ASSESSMENT YEAR 2010-11 ) ASST.CIT CENTRAL CIRCLE-16, NEW DELHI VS. M/S RATHI STEEL AND POWER LTD., 24/1, MOHAN CO- OPERATIVE, INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110 044 PAN-AAACR 1435K (APPELLANT) (RESPONDENT) APPELLANT BY MS. AKANSHA DAWAR, CA RESPONDENT BY SH. R.K. GUPTA, SR. DR DATE OF HEARING 30.04.2021 DATE OF PRONOUNCEMENT 30.04.2021 ORDER PER G.S.PANNU, VP: THIS APPEAL BY THE DEPART FOR THE ASSESSMENT YEAR 2010-11 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-XXVI, NEW DELHI DATED 28.11.2018. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, VIDE EMAI L DATED 22 ND APRIL, 2021 HAS REQUESTED FOR WITHDRAWAL OF THE APPEAL FILED BY THE ASSESSEE AND STATED THAT 2 ITA NO.769 /DEL/2019 ADDL. CIT VS. RATH I STEEL AND POWER LTD. THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATI NG TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 2020. A CERTIFICATE TO THIS EFFECT UNDER SECTION 5 (1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAS ALSO BEEN FILED. COPY OF FORM NO.3 DATED 16.04.2021 ISSUED BY PCIT, DELHI-7 HAS BEEN FILED WHICH SHOWS THAT NIL AMOUNT IS PAYABLE BY THE APPELLANT. 3. LEARNED SENIOR DR HAS NO OBJECTION. 4. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF T HE ASSESSEE FOR DISMISSAL OF THE APPEAL FILED BY THE DEPARTMENT. 5. IN THE RESULT, THE APPEAL OF THE DEPARTMENT IS D ISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 30 TH APRIL, 2021. SD/- SD/- (KUL BHARAT) (G.S.PANNU) JUDICIAL MEMBER VICE PRESIDENT PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI