IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC-2, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA NO.8772/DEL/2019 ASSESSMENT YEAR : 2014-15 PULKIT GOYAL KP-218, PITAMPURA, NEW DELHI-110034 PAN-ANZPG 4275 D VS. ITO WARD 72(4), NEW DELHI (APPELLANT) (RESPONDENT) A SSESSEE BY SHRI SUMER GARG, ADV. RE VENUE BY SHRI ANIL KUMAR GUPTA, ITO DATE OF HEARING: 03 /0 3 /202 1 DATE OF PRONOUNCEMENT: 03 /0 3 /202 1 ORDER PER SUCHITRA KAMBLE, JM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 02.08.2019 OF THE COMMISSIONER OF INCOME TAX (APPEALS)- 21, NEW DELHI RELATING TO ASSESSMENT YEAR 2014-15. 2. BEFORE US, ASSESSEE HAS VIDE EMAIL DATED 26 TH FEBRUARY, 2021 SEEKS WITHDRAWAL OF APPEAL AS IT HAS OPTED FOR VIVAD SE VISHWAS (VSV) 2020 AND HAS FILED THE DECLARATION (F ORM-1) AND ITA NO. 8772/DEL/2019 A.Y. 2014-15 2 UNDERTAKING (FORM-2) SCHEME AND DEPARTMENT HAD ISSU ED FORM- 3. LEARNED DR HAS NO OBJECTION TO THE WITHDRAWAL. 3. AFTER CONSIDERING THE REQUEST MADE BY THE ASSESS EE, WE DISMISS THE APPEAL OF ASSESSEE AS WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FO R THE CAPTIONED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID ACT, THE ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TR IBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. WITH THESE DIRECTIONS, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03.03.2021, IMMEDIATELY AFTER CONCLUSION OF THE HEARING OF THE MATTER IN VIRTUAL MODE. SD/- SD/- ( N.K. BILLAIYA ) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE:- 03.03.2021 PY* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO. 8772/DEL/2019 A.Y. 2014-15 3