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Where an assessee files an application to withdraw an appeal,...

Duty to decide appeals on merits: remand for de novo adjudication where appeal was dismissed in limine without merit.

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Income Tax February 18, 2026 Case Laws AT
Where an assessee files an application to withdraw an appeal, the Commissioner (Appeals) remains obliged to decide the appeal on its merits within the parameters of section 251(1)(a); dismissing the appeal in limine without merit-based consideration is contrary to that duty. The impugned CIT(A) order was set aside and all issues restored for de novo adjudication; CIT(A) must provide the assessee an opportunity to be heard and decide the appeal on merits. The appellate position is restored and the appeal is allowed for statistical purposes.

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Acts Income Tax