RELIANCE LIFE SCIENCES NASHIK PRIVATE LIMITED,THANE vs. DEPUTY/ ASSISTANT COMMISSIONER OF INCOME-TAX, 15(3)(1), MUMBAI

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ITA 3424/MUM/2026Status: DisposedITAT Mumbai29 July 2026AY 2023-244 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeals as the grievance was redressed. The legal issue regarding CIT(A)'s jurisdiction to enhance assessment beyond Section 143(1) was kept open.

What were the facts?

The assessee filed appeals against intimations denying the benefit of Section 115BAB. During appellate proceedings, the CIT(A) directed the AO to verify the conditions for Section 115BAB. The AO subsequently granted the benefit, rendering the appeals infructuous.

What were the issues?

Whether the assessee's appeals are infructuous due to subsequent relief granted by the AO. The jurisdiction of CIT(A) to enhance assessment beyond Section 143(1) was also a point of consideration.

Which sections of the Income-tax Act were involved?

Section 115BAB,Section 143(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI

Before: SHRI CHALLA NAGENDRA PRASAD & SHRI ARUN KHODPIA

Pronounced: 29/07/2026

Heard together (2 matters)

ITA 3424/MUM/2026
ITA 3473/MUM/2026

Read from the judgment's own cause title. This page is filed under one of them.

PER BENCH:

These two appeals are filed by the assessee against separate orders passed by the learned Additional / Joint Commissioner of Income Tax (Appeals)-3, Ahmedabad, both dated 16.01.2026 for A.Y. 2022-23 and 2023-24 arising from the intimations passed u/s 143(1) of the Income Tax Act, 1961.

2.

At the outset, the Ld. Counsel for the assessee submitted a letter dated 21.07.2026 seeking permission to withdraw the present appeals. It was submitted that the appeals were filed against the intimation issued u/s 143(1) of the Act wherein the benefit of the lower rate of tax u/s 115BAB of the Act was denied. It was submitted that in the appellate proceedings, the learned CIT(A) directed the Assessing Officer to verify whether the conditions prescribed u/s 115BAB of the Act were satisfied. Pursuant to the directions of the learned CIT(A), the Assessing Officer examined the submissions furnished by the assessee and while passing the order giving effect to the order of the learned CIT(A) dated 14.07.2026, accepted the contentions of the assessee and granted the benefit of section 115BAB of the Act. It was submitted that since the relief sought in the present appeals has already been granted by the Assessing Officer, the assessee does not wish to prosecute the present appeals and seek permission to withdraw the same. The Ld. Counsel submitted that the legal issue concerning the jurisdiction of the learned CIT(A) to enhance the assessment beyond the scope of section 143(1) of the Act may be kept open in appropriate future proceedings, if any.

3.

On the other hand, the Ld. DR has no objection in Assessee withdrawing both of its appeals.

4.

Considering the submissions and perusing the withdrawal application filed by the assessee, since the grievance of the assessee stands redressed by the order passed by the Assessing Officer while giving effect to the order of the learned CIT(A), and the assessee do not wish to prosecute the present appeals any further, we permit the assessee to withdraw the present appeals. The legal issue concerning the jurisdiction of the learned CIT(A) to enhance the assessment beyond the scope of section 143(1) of the Act is kept open to be urged in appropriate proceedings, if any. Accordingly, both the appeals of the assessee are dismissed as withdrawn.

5.

In the result, both the appeals of the assessee are dismissed as withdrawn.

Order pronounced in the open court on 29/07/2026

Sd/- Sd/- ARUN KHODPIA CHALLA NAGENDRA PRASAD ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated: 29/07/2026 Prabhat Copy to: RELIANCE LIFE SCIENCES NASHIK PRIVATE LIMITED, R-282 TTC AREA OF MIDC,DALCS, 1 RABALE, NAVI MUMBAI, THANE, THANE-400701, MAHARASHTRA DEPUTY/ ASSISTANT COMMISSIONER OF INCOME-TAX, 15(3)(1), 2 AAYAKAR BHAVAN, MAHARASHRI KARVE ROAD, MUMBAI, MUMBAI-400020, MAHARASHTRA 3 THE PCIT / CIT, 4 THE D.R., ITAT, MUMBAI BENCH 5 GUARD FILE

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