Bombay High Court
PR.COMMISSIONER OF INCOME TAX-3versusSUESSEN ASIA PVT.LTD.(MERGED WITH RIETER INDIA PVT.LTD)
- Decided
- Disposal
- WITHDRAWN
Holding
The appeal is allowed to be withdrawn and disposed of.
Summary
The PR Commissioner of Income Tax-3 filed Income Tax Appeal No. 2940 of 2018 against Suessen Asia Pvt. Ltd. (now merged with Rieter India Pvt. Ltd.). After the filing, the appellant submitted a written instruction dated 21 August 2026 seeking to withdraw the appeal. The learned counsel for the appellant presented the instruction to the Court. The Court examined the request and, finding no objection, allowed the withdrawal of the appeal. Consequently, the appeal was disposed of without any substantive adjudication on the merits, leaving any legal question open for future determination.
Issues considered
- Whether an appeal under the Income Tax Act may be withdrawn after it has been filed
Subjects
- withdrawal of appeal
- income tax
- civil procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARAT
DASHARATH ORDINARY ORIGINAL CIVIL JURISDICTION
PANDIT
Digitally signed by
BHARAT
DASHARATH
PANDIT
INCOME TAX APPEAL NO.2940 OF 2018
Date: 2026.09.18
09:12:20 +0530
PR Commissioner of Income Tax-3 ….Appellant.
Vs.
Suessen Asia Pvt. Ltd.
(merged with Rieter India Pvt. Ltd.) …. Respondent.
Mr. Vikas T. Khanchandani for the Appellant.
Ms. Ateeba Hasan i/b Lumiere Law Partners for the Respondent.
CORAM : SUMAN SHYAM &
GAUTAM A. ANKHAD, JJ.
DATE : 17TH SEPTEMBER, 2026.
P.C. :
1. Mr. Khanchandani, learned counsel for the Appellant-Revenue has
tendered a copy of the written instructions dated 21st August, 2026 and
submits that he has instructions to withdraw the Appeal. A Copy of the
said written instructions dated 21st August, 2026 is retained on record
and marked as ‘X’ for identification.
2. In view of the above submission, this Appeal is allowed to be
withdrawn and disposed of as such. The question of law, if any, is kept
open to be decided in an appropriate case.
[ GAUTAM A. ANKHAD, J. ] [ SUMAN SHYAM, J. ]
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901 ITXA-2940-2018.doc bdp
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