The CBDT has finally resolved a long-standing procedural challenge faced by taxpayers implementing MAP resolutions. With the latest clarification mandating a formal withdrawal intimation from CIT(A), the MAP process can now move forward smoothly without administrative delays.
Key Highlights
Taxpayers can now officially withdraw appeals/grounds pending before CIT(Appeals) after a MAP resolution.
CIT(A) must issue a formal “intimation of acceptance of withdrawal.”
This intimation will count as valid proof of withdrawal under Rule 44G(8) of the Income Tax Rules, 1962.
Removes a long-standing obstacle that delayed the implementation of numerous MAP resolutions.
Effective immediately as per OM dated 27 October 2025.
Background – The Persistent Problem for MAP Cases
Under a successful Mutual Agreement Procedure (MAP) resolution, Rule 44G(8) requires taxpayers to:
Confirm acceptance of MAP resolution to the Indian Competent Authority, and
Provide proof of withdrawal of any appeal related to the MAP issues.
While withdrawals before the ITAT or High Court were straightforward, appeals pending with CIT(Appeals) ran into a procedural deadlock.
There was no official mechanism for CIT(A) to acknowledge withdrawal.
Many CIT(A)s verbally confirmed acceptance but refused to issue proof, leaving taxpayers stuck and unable to complete the MAP process. This led to major delays in implementing treaty relief and closing assessments.
CBDT’s Taxpayer-Friendly Fix
Through Office Memorandum F. No. 500/06/2025-APA-I(c) dated 27 October 2025, the CBDT has formally resolved the long-standing issue.
Key operative directions (Paras 3 & 4):
“3. … where the appeal is pending at the level of CIT(A) and a request for withdrawal… is filed by the taxpayer, the office of CIT(A) may send an intimation of acceptance of withdrawal…”
“4. The intimation issued by the CIT(A) shall be treated as proof of withdrawal… as required under sub-rule (8) of Rule 44G of the Income Tax Rules, 1962.”
This clarification was approved by Member (Legislation), CBDT and circulated to all Pr. CCsIT and CIT(A) offices.
Action Points for Taxpayers & Advisors
File a simple withdrawal request with the CIT(A) specifying:
Appeal number & assessment year
Specific grounds withdrawn due to MAP
Formal request for “intimation of acceptance of withdrawal”
Attach MAP documents, such as the final agreement or communication from the Indian Competent Authority.
Upon receiving the CIT(A) intimation, submit it to the Indian Competent Authority along with the acceptance letter (if not already provided).
The Assessing Officer will then issue the giving-effect order, implementing the MAP outcome.
Pro tip: Partial withdrawals are allowed, clearly specify the exact ground numbers being withdrawn.
Final Word
This simple yet powerful CBDT clarification removes one of the most frustrating bottlenecks in India’s MAP framework. By mandating a formal withdrawal intimation from CIT(A), the government has ensured smoother, faster implementation of cross-border tax dispute resolutions. If your MAP case is pending due to missing withdrawal proof, act immediately. Your relief is now within reach.
Until now, when India and another country settled a tax dispute through the Mutual Agreement Procedure (MAP), taxpayers often got stuck at the last step.To finish the MAP process and get the agreed tax relief, the taxpayer has to withdraw any related appeal pending in India.
Withdrawing an appeal from the Income Tax Appellate Tribunal (ITAT) or High Court was easy, you just filed a letter and got proof. But if the appeal was pending with the first appeal authority, the Commissioner of Income Tax (Appeals) or CIT(A), there was a problem: many CIT(A) offices would accept the withdrawal verbally but refused to give anything in writing. Without written proof, the tax department would not close the case or give the MAP relief. Result: taxpayers were stuck for months or even years.
On 27 October 2025, the CBDT fixed this with a simple one-page Office Memorandum. In simple words, the CBDT has now told every CIT(A) office: “When a taxpayer files a letter saying ‘I want to withdraw my appeal because the issue has been settled under MAP’, you must send them a short written note saying ‘We accept your withdrawal’.”
That small written note from the CIT(A) is now officially accepted as full proof of withdrawal. Once the taxpayer submits this note to the Indian MAP team, the Assessing Officer can immediately pass the final order and give the tax relief agreed in the MAP. In short: a long-standing, frustrating roadblock has been removed with a very simple and taxpayer-friendly solution.