ITA NO.911/BANG/2019 M/S. OPLUS MOBITECH INDIA PVT.LTD., BANGALORE IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.911/BANG/2019 ASSESSMENT YEAR: 2016-17 M/S. OPLUS MOBITECH INDIA PVT. LTD. NO.B-904, TOWER-1 ADARSH PAL RETREAT OUTER RING ROAD DEVARABEESANAHALLI BANGALORE-560 103. PAN NO : AACCO0961D VS. ACIT CIRCLE-5(1)(2) BENGALURU APPELLANT RESPONDENT A PPELLANT BY : N O N E RESPONDENT BY : SHRI PRIYADARSHI MISHRA, D.R. DATE OF HEARING : 06.01.2021 DATE OF PRONOUNCEMENT : 06.01.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 25.03.2019 PASSED BY LD CIT(A)-5, BENGALURU AND IT RELATES TO THE ASSESSMENT YEAR 2016-17. 2. THE ASSESSEE HAS FILED A LETTER STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN ITS APPEAL UNDER DIR ECT TAXES VIVAD SE VISHWAS ACT, 2020. IT IS FURTHER STATED THAT THE A SSESSEE HAS FILED FORM NO.1 & 2 FOR THE APPEAL FILED BY THE ASSESSEE AND IT HAS ALSO ITA NO.911/BANG/2019 M/S. OPLUS MOBITECH INDIA PVT.LTD., BANGALORE PAGE 2 OF 2 RECEIVED FORM NO.3. ACCORDINGLY IT IS SUBMITTED TH AT APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN. 3. WE HEARD LD D.R, WHO DID NOT OBJECT TO THE PR AYER OF THE ASSESSEE. SINCE THE ISSUES CONTESTED IN THE APPEAL OF THE ASS ESSEE HAVE BEEN SETTLED UNDER THE DIRECT TAXES VIVAD SE VISHWAS ACT , 2010, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. H OWEVER, WE GIVE LIBERTY TO THE ASSESSEE TO SEEK RECALL OF THIS ORDE R IN ACCORDANCE WITH LAW, IF THE CIRCUMSTANCES SO WARRANT. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH JAN, 2021. SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 6 TH JAN, 2021. VG/SPS COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.