2021 (2) TMI 410

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..... 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 Authority shall, after examining such further material as may be placed before it by the applicant or obtained by the Authority, pronounce its advance ruling on the question specified in the application. Since the Applicant does not wish to pursue the present application for advance ruling filed by it, we do not deem it necessary to examine the matter further and decline to pronounce the advance ruling. The contention of the Revenue that once the application is admitted it cannot be rejected in the proceeding under section 2 .....

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..... to object to the prayer of withdrawal. The Revenue accordingly submitted its report vide letter dated 02nd January 2020. 2. It has been submitted by the Revenue that the application was admitted on 30th January 2017 and if the admitted application is now allowed to be withdrawn, the exclusion of time available under clause (viii) or under clause (ix) under Explanation-1 of Section 153 of the I.T. Act will not be available to the Department and the revenue 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 onc .....

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..... the application. Thus, after the application has been allowed, the Authority has to pronounce its advance ruling u/s 245R(4) of the Act on the question raised in the application. It does not mean that the Authority has to mandatorily pronounce the advance ruling in respect of the question raised after examining the issue on merits. The power to decline to pronounce the advance ruling is inherent in the power to pronounce the advance ruling as specified under provisions of 245(R)(4) of the Act. It has to be kept into consideration that the provision of advance ruling is open to the applicant only and the Revenue cannot come before this Authority. If the Applicant, after admission of the application, does not wish to pursue the matter furt .....

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