IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, M UMBAI BEFORE SHRI SHAMIM YAHYA, AM M.A. NO. 31/MUM/2020 (ARISING OUT OF ITA NO. 5251/MUM/2018) (ASSESSMENT YEAR: 2009-10) GHANSHYAM SOPARKAR 702, SALVATION APARTMENT, CHS, N. M. KALE MARG, AGAR BAZAR, DADAR (W), MUMBAI 400 028 VS. INCOME TAX OFFICER WARD-17(3)(3), PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI-400 012 PAN/GIR NO. AAFPS 8875 E ( APPELLANT ) : ( RESPONDENT ) APPLICANT BY : NONE RESPONDENT BY : SHRI SANJAY J. SETHI DATE OF HEARING : 01.01.2021 DATE OF PRONOUNCEMENT : 04.01.2021 ORDER U/S. 254(2) OF THE INCOME TAX ACT, 1961 PER SHAMIM YAHYA, A. M.: BY WAY OF THIS MISCELLANEOUS APPLICATION THE ASSESS EE SEEKS RECALL OF THE EX PARTE ORDER OF THIS TRIBUNAL IN ITA NO. 5251/MUM/2018 VID E ORDER DATED 13.11.2019. 2. AT THE OUTSET, IT IS NOTED THAT THE ASSESSEE HAS FILED AN APPLICATION SUBMITTING THAT THE ASSESSEE IS GOING TO SETTLE THE DISPUTE UNDER T HE VIVAD SE VISHWAS SCHEME. HENCE, THE ASSESSEE SEEKS TO WITHDRAW THIS MISCELLANEOUS A PPLICATION. 3. THE LD. DR DOES NOT HAVE ANY OBJECTION IN THIS R EGARD. 4. UPON CAREFUL CONSIDERATION, THIS WITHDRAWAL IS P ERMITTED. 2 M.A. NO. 31/MUM/2020 GHANSHYAM SOPARKAR VS. ITO 5. IN THE RESULT, THIS MISCELLANEOUS APPLICATION ST ANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 04.01.2021 SD- (SHAMIM YAHYA) ACCOUNTANT MEMBER MUMBAI; DATED : 04.01.2021 ROSHANI , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT - CONCERNED 5. DR, ITAT, MUMBAI 6. GUARD FILE BY ORDER, (DY./ASSTT. REGISTRAR) ITAT, MUMBAI