Appeal dismissed after assessee withdraws due to jurisdiction issue post-merger, potential for fresh appeal.

The appeal was dismissed as withdrawn after the assessee sought to withdraw it based on a jurisdictional issue arising from a merger, arguing that the jurisdiction now lay in Mumbai instead of Bangalore. The tribunal accepted the withdrawal request, allowing the possibility of filing a fresh appeal in Bangalore in alignment with recent legal precedents and ensuring proper adjudication of tax matters based on the entity's post-merger jurisdiction.

---

---

Issues:
Withdrawal of appeal based on jurisdiction of the appellate tribunal.

Analysis:
The appeal was filed by the assessee against the order passed by Ld. CIT(A)-12, Bangalore for the assessment under section 143(3) for AY 2014-15. The assessee filed an application for withdrawal of appeal stating that post-merger, the jurisdiction of the merged entity now lies in Mumbai, not Bangalore, where the original assessment was conducted. The appellant believed that the jurisdiction of the appeal should lie with the Hon'ble Income-tax Appellate Tribunal, Bangalore, based on recent rulings. The appellant requested to withdraw the appeal filed before the Hon'ble Mumbai Tribunal with liberty to file a fresh appeal in Bangalore. The Ld. DR did not object to the withdrawal request, and the tribunal allowed the withdrawal. As a result, the appeal filed by the assessee was dismissed as withdrawn.

Conclusion:
The withdrawal of the appeal was permitted based on the jurisdictional issue arising from the merger of entities and recent legal precedents determining the appropriate appellate jurisdiction. The tribunal accepted the appellant's request to withdraw the appeal filed in Mumbai and allowed the possibility of filing a fresh appeal in Bangalore. The decision highlights the importance of aligning the jurisdiction of the appellate tribunal with the relevant legal principles and the entity's post-merger jurisdiction to ensure proper adjudication of tax matters.

---