2001 (7) TMI 5

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..... ttention was drawn to section 245R of the Act - Held, yes - Issue regarding the rate of tax payable by the appellant for the A.Y. 1996-97 and subsequent assessment years shall be raised by the appellant before the authorities - Civil Appeal No.3815 of 1999 With C.A. No.3817/1999, C.A. No.3816/1999 - - - Dated:- 26-7-2001 - Judge(s) : S. P. BHARUCHA., Y. K. SABHARWAL. and BRIJESH KUMAR. ORD .....

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..... l to the applicant." Before the Authority the Revenue contended that the Authority did not have jurisdiction to decide the question in view of the fact that assessment proceedings in respect of the appellant relating to the assessment year 1996-97 were pending when the application before the Authority was filed, and attention was drawn to section 245R of the Act, the proviso whereof states that .....

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..... ome time and now Mr. Dastur, learned counsel for the appellant, applies for leave to withdraw the application before the Authority. He submits that the issue regarding the rate of tax payable by the appellant for the assessment year 1996-97 and subsequent assessment years shall be raised by the appellant before the authorities and that, having regard to his withdrawal of the application itself, th .....

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