1989 (3) TMI 158

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.... [in order to be entitled to make an application 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 The appeals are permitted to be withdrawn under section 245M of the I.T. Act."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 ....

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....e 1st day of October, 1984, be entitled to make an application 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, f....