How to Proceed with withdrawl of appeal filed with CIT(A)

[Ramanathan Seshan]

Dear Experts,

We had filed an appeal with CIT(A) for AY 2017–18. However, the company got merged in AY 2021–22 and no longer exists. We now intend to surrender the PAN and TAN of the merged entity.

The issue is that, due to the pending appeal, we are unable to proceed with the surrender, and as per our understanding, there is no statutory provision to withdraw an appeal once filed.

What is the recommended course of action to withdraw the appeal. Are there any case laws which we can cite and withdraw the appeal. Kindly suggest.

Regards,

S Ram

AI Summary

Surrender of PAN and TAN after merger requires final tax filings and clearance of liabilities before submission.
When a company is merged and ceases to exist, its PAN and TAN may be surrendered once all tax obligations are settled and responsibility for ongoing matters lies with the continuing entity. PAN surrender requires filing the final income tax return, a surrender letter and ROC evidence submitted via the PAN portal (Form 49A context). TAN surrender requires filing the final TDS return, clearance of TDS liabilities and submission of TAN surrender through the TIN/NSDL portal (Form 24) with supporting documents; retain portal acknowledgments.