DEEPAK BHUPATLAL PAREKH,MUMBAI vs. INT TAX WARD 3(3)(1), MUMBAI

PER SHRI ANIKESH BANERJEE, JUDICIAL MEMBER: The instant appeal of the assessee filed against the order of the Ld. Commissioner of Income Tax-(Appeals) ADDL/JCIT (A), Delhi [for brevity “Ld. CIT(A)”] order passed under Section 250 of the Income Tax Act, 1961 (for brevity ‘the Act’), for Assessment Year 2016-17, date of order 10.04.2026. The impugned order emanated from the order of the Ld. Deputy Commissioner of

ITA 5019/MUM/2026 DEEPAK BHUPATLAL PAREKH

Income Tax-circle 42(2)(1), Mumbai (for brevity ‘Ld. AO’), order passed under Section 154 of the Act, date of order 29.03.2023. 2. The Ld. AR submitted that the assessee seeks to withdraw the appeal for A.Ys. 2016–17 filed before the Tribunal. In this regard, the assessee filed a letter dated, which is placed on record. The relevant extract of the said letter is reproduced here in below: :SUB: WITHDRAWAL OF APPEAL. The above appeal is fixed for hearing today. The present appeal is against the order made under Section 154 of the Act. The grounds/issues raised in the appeal are inextricably linked with the quantum assessment order passed under Section 143(3) of the Act. The Assessee's substantive appeal against the assessment order under Section 143(3) for the same assessment year is currently pending for adjudication before the CIT(A) [NFAC]. In order to avoid duplication of the proceeding and to ensure that all issues arising out of quantum assessment are adjudicated in a comprehensive manner in the appeal pending before CIT(A) against Section 143(3) order, the Assessee may be allowed to withdraw the appeal filed before Your Honours with liberty to agitate all relevant grounds before the Ld. CIT(A) in the pending appeal.” 3. The Ld. DR had not made any objection against the Ld. AR’s submission. 4. We have considered the submissions of the Ld. AR and perused the withdrawal application placed on record. The assessee has sought withdrawal of the present appeal for A.Y. 2016–17 on the ground that the issues arising from the order passed under section 154 of the Act are inextricably linked with the quantum assessment made under section 143(3) of the Act, against which the substantive appeal is presently pending for adjudication before the Ld. CIT(A) [NFAC]. The assessee has, therefore, sought withdrawal of the present appeal with liberty to agitate the relevant grounds, as permissible in law, in the pending quantum appeal before the Ld. CIT(A).

ITA 5019/MUM/2026 DEEPAK BHUPATLAL PAREKH