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

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.

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

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 Accordingly, both the appeals of the assessee are dismissed as withdrawn.

In the result, both the appeals of the assessee are dismissed as withdrawn.