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TMI Blog1989 (3) TMI 158X X X X Extracts X X X X X X X X Extracts X X X X ..... ation to the Settlement Commission. 3. We are of the view that the request must be granted and the same is hereby done. The appeals are permitted to be withdrawn under section 245M of the I.T. Act." The order dated 20th April, 1985 made by the Settlement Commission (IT WT), New Delhi is to the following effect : "To New Delhi, Dt. 20.4.1985. M/s. Parikh Bros., Krishna Raj Gali, M.J. Cloth Market, Bombay-400 002. Sir, Sub : Application u/s. 245C(1) of the IT Act, 1961 Assessment years 1973-74 to 1984-85. Please refer to your application dated 22.11.1984 for settlement mentioned above. 2. In accordance with the provisions of sub-section (1) of section 245(C) read with the proviso thereto an application for settlement s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation to the Settlement Commission to have his case settled under this Chapter : Provided that no such assessee shall be entitled to make an application in a case where the Income-tax Officer has preferred an appeal under sub-section (2) of section 253 against the order to which the assessee's appeal relates. (2) Any assessee referred to in sub-section (1) may make an application to the Appellate Tribunal for permission to withdraw the appeal. (3) On receipt of an application under sub-section (2), the Appellate Tribunal shall grant permission to withdraw the appeal. (4) Upon the withdrawal of the appeal, the proceeding in appeal immediately before such withdrawal shall, for the purposes of this Chapter, be deemed to be a proceeding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n made to it was held to be not maintainable, that is not entertained, is 20th April, 1985. Taking either date as the relevant one, under sub-section (7) of section 245M of the Act, as it stood amended by the Taxation Laws (Amendment) Act, 1984 with effect from 1st October, 1984, where an application made to the Settlement Commission (IT WT) is not entertained, the assessee has to be deemed NOT withdrawn the appeals from the Appellate Tribunal. (Emphasis supplied by us) 4. The appeals as such have to be taken as not withdrawn on 20th April, 1985, i.e. on the date when the Settlement Commission (IT WT) refused to entertain the assessee's application for settlement. On 20.4.1985, these appeals have to be deemed as having not been withdr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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