2021 (2) TMI 410

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..... ited (the Applicant) had filed an application u/s 245Q(1) of the Act on 05th November 2015. The said application was admitted vide order dated 30th January 2017. Thereafter, a letter dated 19th September 2019 was filed by the Applicant with a request to grant permission to withdraw the present advance ruling application. It was submitted that the contract in respect of which the application was fi .....

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..... e will not be able to proceed with the pending assessments. It was submitted that once the application was admitted under section 245R(2) of the Act it was incumbent upon this Authority to pronounce the ruling as required under the provisions of the Act. It was further submitted that once the application was admitted, withdrawal of the application by the applicant or rejection of the application b .....

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..... lowed to withdraw the application at this stage. 4. In the present case the order for admission of the application was passed on 30th January 2017, which was under section 245R(2) of the Act. Once the application has been admitted under section 245R(2) of the Act, the provision of Section 245R(4) is applicable which reads as under: Where an application is allowed under sub-section (2), the Autho .....

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..... e cannot come before this Authority. If the Applicant, after admission of the application, does not wish to pursue the matter further and desires to withdraw the application; there is no necessity to examine the issue and pronounce the advance ruling on its merit in such an eventuality. It will be prudent to decline to pronounce any advance ruling in such circumstances. Since the Applicant does no .....

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..... Applicant. The Revenue is free to proceed in the matter in accordance with the provisions of law. The apprehension of the Revenue that the exclusion of time available under clause (viii) or (ix) of Explanation 1 to section 153 of the Act will not be available is also ill- founded. As the request of the Applicant to withdraw the application is considered in the course of proceeding under section 24 .....

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