Mr. Saiyyam, a non-resident, made an application to the Authority for Advance Rulings on 15.6.2024 in relation to a transaction proposed to be…

CA Final · Direct Tax Laws and International Taxation · MTP · May 2025
Mr. Saiyyam, a non-resident, made an application to the Authority for Advance Rulings on 15.6.2024 in relation to a transaction proposed to be undertaken by him. On 21.7.2024, he decides to withdraw the said application. Can he withdraw the application on 21.7.2024? Examine.

Suggested Answer and Working Notes:

Section 245Q (3) of the Income-tax Act, 1961 provides that an applicant, who has sought for an advance ruling, may withdraw the application within 30 days from the date of the application. Since more than 30 days have elapsed from the date of application by Mr. Saiyyam to the Authority for Advance Rulings, he cannot withdraw the application. However, the Authority for Advance Rulings (AAR), in M.K. Jain AAR No.644 of 2004 , has observed that though section 245Q (3) provides that an application may be withdrawn by the applicant within 30 days from the date of the application, this, however, does not preclude the AAR from permitting withdrawal of the application after the said period with its permission, if the circumstances of the case so justify.

Topics: Advance Rulings

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