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2022 (9) TMI 363 - HC - Income TaxRevision of orders u/s 264 - request for withdrawal of revision application was rejected - period of limitation u/s 264 - HELD THAT:- Option has been given to the assesssee to avail the remedy of revision u/s 264 of the Act within a period of one year provided the assessee has not filed an appeal and the period of limitation for preferring appeal has expired. In the instant case, against the order of assessment dated 16.12.2018, petitioners preferred revision petition on 15.03.2019 within one year of limitation provided for filing revision and also after the expiry of period of limitation for preferring an appeal. 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 the instant case, petitioners sought to expressly withdraw the revision petition filed u/s 264 of the Act. This prayer for withdrawal was made when the revision petition u/S 264 of the Act was pending. Thus by not allowing the prayer for withdrawal and proceeding to decide the revision on merits, the revisional authority wrongly exercised jurisdiction vested in it. This Court, thus, deems it appropriate to set aside the impugned order dated 10.10.2019 passed by respondent No.2 and remand the matter to the revisional authority to re-consider the application for withdrawal said to be filed by the petitioners on 07.10.2019, as expeditiously as possible.
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