AAR has power to decline to pronounce advance ruling even after 30 days of admitting it

  • Income Tax
  • High Court
  • Supreme Court
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  • financeseva

Alstom Grid-UK Limited (the Applicant) had filed an application under section 245Q(1) on 05-11-2015. The said request was accepted by vide order dated 30-01-2017.  Later, on 19-09-2019, the Applicant applied to grant permission to withdraw the present advance ruling application. Revenue submitted that once the application was admitted under section 245R(2), it was incumbent upon Authority to pronounce the ruling as required under the provisions.  

It was further stated that once the application was accepted, the applicant's request beyond 30 days was not envisaged under the provisions of law. The Authority for Advance Rulings (AAR) held that in the present case, the request to withdraw the application was made by the Applicant beyond the eligibility period of 30 days, as stipulated under section 245Q(3). In view of this specific provision, the Applicant cannot be allowed to withdraw the application at this stage. 

In the instant case, AAR is only declining to pronounce the advance ruling in view of the request of the Applicant not to pursue the matter further and to withdraw the application. Accordingly, the application was rejected as not pressed or withdrawn.