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Income Tax Appellate Tribunal, “C” BENCH, MUMBAI
IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER (A.Y. 2015-16) Prakash Dugar Vs. ITO-18(2)(5) Shop No. 3, Labh Niwas Earnest House, 95, Dr. A.M. Road, Nariman Point, Kalbadevi, Mumbai - 400021 Mumbai - 400002 स्थायी लेखा सं./ जीआइआर सं./ PAN/GIR No: AKRPD4068N Appellant .. Respondent Appellant by : None Respondent by : R.A. Dhyani Date of Hearing 30.05.2022 Date of Pronouncement 30.05.2022 आदेश / O R D E R
PER AMARJIT SINGH, AM:
The present appeal filed by the assessee is directed against the order passed by the CIT(A)-29, Mumbai, which in turn arises from the order passed by the A.O. u/s 143(3) of the Income Tax Act, 1961 for A.Y. 2015-16.
During the course of appellate proceedings before us the assessee has filed application for withdrawal of appeal vide letter dated 23.02.2022 stating that he opted for “Vivad se Vishwas Scheme” and also enclosed copies of Form No. 1 to 4 along with the application.
2 Prakash Dugar Vs. ITO-18(2)(5)
The ld. D.R did not controvert the aforesaid factual position as had been stated before us.
In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach the Tribunal for restoration of his appeal within the time limit provided in the Act. 5. Resultantly, the appeal is dismissed as withdrawn subject to the observation recorded hereinabove. Order pronounced in the open court on 30.05.2022.