IN INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: B NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER [Through Video Conferencing] ITA No.1528/Del./2016 Assessment Year: 2010-11 Connaught Plaza Vs. DCIT, Restaurants (P) Ltd., Circle-3(1), 13A, Jor Bagh Market, New Delhi New Delhi PAN :AAACC1201E (Appellant) (Respondent) Appellant by Ms. Somya Jain, CA Respondent by Ms. Nidhi Srivastava, CIT(DR) Date of hearing 11.01.2021 Date of pronouncement 11.01.2021 ORDER PER O.P. KANT, AM: present appeal by assessee is directed against order of Commissioner of Income Tax (Appeals)-14, New Delhi, dated 08.02.2016 passed for assessment year 2010-11. 2. We have heard learned Representatives of both parties through Video Conferencing. 3. learned counsel for assessee has requested for withdrawal of appeal filed by assessee and stated that assessee has opted to settle dispute relating to tax arrears for 2 ITA No.1528/Del./2016 assessment year under consideration under Vivad Se Vishwas Scheme, 2020 and has applied Form Nos. 1 and 2 for same. Form No. 3 is still awaited. 4. Learned DR did not object to same. 5. In view of above, we accept request of assessee for withdrawal of appeal. However, if dispute relating to tax arrears is not ultimately resolved in terms of Vivad Se Vishwas Scheme, 2020 , assessee shall be at liberty to approach Tribunal for re-institution of appeal and Tribunal shall consider such application appropriately as per law. 6. In result, appeal of assessee is dismissed as withdrawn. Order pronounced in open court. Sd/- Sd/- (BHAVNESH SAINI) (O.P. KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 11th January, 2021. RK/-(D.T.D.S.) Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi Connaught Plaza Restaurants (P) Ltd. v. DCIT, Circle-3(1), New Delhi