Cases where appeal us 246 1 c stands withdrwan

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Rohit Yadav (Querist)

15 November 2014 I had received intimation us 143(1) from cpc for asst.year 2009_10 showing a demand when we filed rectification us 154 which got rejected as a result we filed appeal in cit but we again filed rectification letter us 154 which got accepted and our refund were disbursed to us a long with rectification order and we submitted withdrawal of appeal letter in cit appeals but after 4 years now we got letter from cit appeals for hearing . are they elegible to hear a case which already got withdrawan??????
Please reply asap

Nikhil Kaushik

Nikhil Kaushik (Expert)

15 November 2014 there is no provision for withdrawal of Income-tax Appeals. please refer https://taxguru.in/income-tax-case-laws/appeal-filed-withdrawn.html

Nikhil Kaushik

Nikhil Kaushik (Expert)

15 November 2014 there is no provision for withdrawal of Income-tax Appeals. please refer https://taxguru.in/income-tax-case-laws/appeal-filed-withdrawn.html

Rohit Yadav

Rohit Yadav (Querist)

15 November 2014 But that is for income tax scrutiny but mine case is of intimation which us 154 initially declined but later accepted and refund issued along with rectification notice us 154

Rohit Yadav

Rohit Yadav (Querist)

15 November 2014 But that is for income tax scrutiny but mine case is of intimation which us 154 which was initially declined but later accepted and refund issued along with rectification notice us 154

Nikhil Kaushik

Nikhil Kaushik (Expert)

15 November 2014 try to understand the concept instead of facts...the concept is that appeal cannot be withdrawn

Rohit Yadav

Rohit Yadav (Querist)

15 November 2014 But the main ground of appeal now solved so what do we do .... Do we need to write a letter stating our cause is now resolved

Nikhil Kaushik

Nikhil Kaushik (Expert)

15 November 2014 yes. appear before CIT(A) on the date of hearing with a letter stating that you don't wish to pursue the appeal further as the rectification has been done and the matters raised in appeal have become irrelevant.

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Rohit Yadav

Rohit Yadav (Querist)

15 November 2014 Do cit has any discrnatory power to show cause stating why rectification us 154 filed after going to cit appeals.... Or he is bound by the order of us 154

Nikhil Kaushik

Nikhil Kaushik (Expert)

15 November 2014 you can easily argue that rectification was filed as it is a time restricted option, so was taken. there should not be any problem

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