Facts
The Revenue filed an appeal against the CIT(A) order for AY 2017-18. However, it was later discovered that this appeal was inadvertently filed while attempting to file additional grounds for a previously filed appeal (ITA No. 1010/Mum/2024). The Revenue sought to withdraw the current appeal.
Held
The Tribunal noted the Revenue's written request and the submission of the Departmental Representative for withdrawal. Considering that the appeal was filed inadvertently and the Revenue did not wish to pursue it, the Tribunal granted permission for the withdrawal.
Key Issues
Whether the Revenue should be permitted to withdraw its appeal due to inadvertent filing.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH MUMBAI
आदेश / ORDER
PER MAKARAND VASANT MAHADEOKAR, AM:
This appeal has been filed by the Revenue against the order passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, dated 23.12.2023 for Assessment Year 2017–18.
At the outset, it is noticed that the Revenue has filed a letter dated 04.02.2026 before the Registry seeking withdrawal of the SVC Co-Operative Bank Limited present appeal. The said letter has been issued from the office of the Dy. Commissioner of Income Tax–1(3)(1), Mumbai. In the said communication, it has been stated that the Revenue had already filed appeal before the Tribunal vide against the order of the learned CIT(A) dated 23.12.2023. It has further been clarified that while e-filing additional grounds in the above appeal, a fresh appeal came to be inadvertently filed vide enclosing copy of the additional ground. It is, therefore, stated that since the additional ground pertains to the earlier appeal in the present appeal being is liable to be withdrawn.
The learned Departmental Representative (DR) appearing before us reiterated the contents of the letter and submitted that the present appeal was filed inadvertently and the Revenue does not wish to press the same.
Having considered the written request placed on record and the submission of the learned DR, we find that the Revenue has unequivocally sought permission to withdraw the present appeal. In view of the above factual position and considering that the Revenue does not wish to pursue the present appeal, we permit the withdrawal of the appeal.
Order pronounced in the open court on 23.02.2026.