2021 (2) TMI 410

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....application. It was submitted that the contract in respect of which the application was filed, was nearing its completion and, therefore, the Applicant desired to withdraw the application. The matter was fixed for hearing on 18th October 2019 when the Revenue had raised certain objection to the prayer of withdrawal by the Applicant. Accordingly, a direction was given to the Revenue to file a detailed report as to why it wanted 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the Revenue that the application was admitted on 30th January 2017 and if the admitted application is now allowed to be withdrawn, the exclusion of time available unde....

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.... 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 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. 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 ....