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In the tax report (2023] 22 ITR-OL 198 (MP) it is held that it is trite law that whenever a litigant invokes a particular remedy available under a statute, then the authority before whom the lis is preferred and pending, is ordinarily duty bound to decide the same on merits. 

It is also settled in law that the aggrieved person who initiates lis has a right to withdraw the same before it is finally decided. 

This right of withdrawal is absolute but it is subject to the fact that withdrawal can be declined if there are cogent reasons.


In this reported case the application for withdrawal of petition u/s 264 before CIT was dismissed without assigning cogent reasons which was an inappropriate exercise of jurisdiction also as neither did  he allow the prayer for withdrawal nor did he decide the revision on merits.


As stated by High Court in [1963] 50 ITR 578 (Bom) the withdrawal can be declined only where the same is not bona fide or the withdrawal of the appeal is made with the ulterior object of avoiding enhancement of the assessment.

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