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Income Tax Appellate Tribunal, [ DELHI BENCH “G” NEW DELHI ]
Before: SHRI AMIT SHUKLASHRI PRASHANT MAHARISHI
O R D E R PER AMIT SHUKLA, JM :
This appeal is filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-XXVI, New Delhi, dated 28th December, 2017 for the assessment year 2014-15.
2. The assessee has raised the following grounds of appeal :-
“ 1. That under the facts and circumstances, both the lower authorities erred in law as well as on merits in assessing the declared LTCG of Rs.46,63,728/- on sale of shares as unaccounted income and further erred in not allowing the exemption u/s. 10(38) as claimed;
That in the absence of confronting with the adverse material used against the assessee and in the absence of providing cross- examination of persons whose statements have been recorded on the back of the assessee, no cognize of such material an statements should had been taken. “
During the course of hearing the learned Authorized Representative submitted that the assessee has filed an application for setting the dispute in Vivad se Viswas Scheme, 2020 and filed Form Nos. 1 and 2 on 24th October, 2020. Copies are submitted before us.
The learned Departmental Representative stated that form No. 3 has not been issued in this case.
In view of above facts and Vivad se Viswas Scheme, 2020 in this matter and Form Nos. 1 and 2 already filed and Form No. 3 is awaited, the appeal of the assessee may be treated as withdrawn, subject to the opportunity to both the parties.
Accordingly the appeal of the assessee is treated as withdrawn and dismissed.
Order pronounced in the open court on 27/10/2020.