Court allows withdrawal of appeal with liberty to re-file upon Committee approval

The Court condoned the delay in re-filing the appeal and allowed the appellant to withdraw the appeal with liberty to re-file, emphasizing the need for approval from the Committee On Disputes (COD) and settlement efforts. The appellant's counsel indicated ongoing settlement efforts by the Committee, leading to the Court permitting withdrawal of the appeal with the liberty to file a fresh appeal upon obtaining approval. The Revenue agreed not to oppose the application for condonation of delay if the appeal is filed after obtaining due approval.

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CM for condonation of delay in re-filing the appeal is allowed. The prior ITA had been withdrawn because the assessee had approached the Committee on Disputes (COD) seeking permission to prefer the appeal and the COD "directed the assessee to make an effort to amicably settle the dispute with certain directions." On scrutiny the minutes were drawn but "no approval has been granted" and the Committee was "still trying to bring out a settlement." Consequently, the court permitted the appeal to be withdrawn "with liberty to re-file" or "with liberty to file a fresh appeal, if so advised, after obtaining approval in positive terms." The revenue was expressly left the liberty to oppose any future application for condonation of delay "depending upon the consumption of time for grant of approval or time spent in settlement," though it indicated it would not oppose condonation if the appeal is filed after obtaining due approval.

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