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Facts
The assessee filed an appeal against the order of the CIT(A)/NFAC which had restored the matter back to the Assessing Officer. The appeal arose from proceedings under Section 143(3) read with Section 147 of the Income-tax Act, 1961.
Held
The Tribunal noted that the assessee's counsel no longer pressed the substantive grounds as the lower appellate authority had already restored the matter. The Revenue did not object to the assessee's withdrawal prayer.
Key Issues
Whether the assessee should be allowed to withdraw the appeal when the substantive grounds are no longer pressed, and the matter has been restored to the AO.
Sections Cited
143(3), 147, 251(1)
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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA
O R D E R
PER SATBEER SINGH GODARA, JM:
This assessee’s appeal 2012-13 arises against CIT(A)/ NFAC, Delhi’s order dated 09.06.2025 (DIN & Order No. ITBA/NFAC/S/250/2025-26/1076821201(1), in proceedings u/s 143(3) r.w.s. 147 of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’.
Heard both the parties. Case file perused. 2. After having vehemently arguing assessee’s substantive grounds raised herein, learned counsel clarifies very fairly that he no more presses the same as the lower appellate authority has already restored the matter back to the assessing officer in light of section 251(1) Proviso inserted vide Finance Act No. 2024 as applicable from 1.10.2024.
The Revenue is equally fair in not objecting the assessee’s withdrawal prayer. It is made clear before parting that the assessee shall be at liberty to raise all legal and factual issues before the learned assessing authority in remand proceedings as per law.
This assessee’s appeal is dismissed as withdrawn in above terms. Order pronounced in open court on 22.09.2025.