M/S SAI ENGINEERING FONDATION,SHIMLA vs. CIT(E), CHANDIGARH

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ITA 63/CHANDI/2018Status: DisposedITAT Chandigarh26 August 20212 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's application to withdraw the appeal. Since the issues were settled and the appeal had become academic, it was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the rejection of its application for registration under Section 12AA. The assessee later sought to withdraw the appeal as the issues arising from assessments had been settled under the Vivad se Vishwas Act and the society was converting into a Non-Profit Company.

What were the issues?

Whether an appeal can be withdrawn if the underlying issues have been settled and the appeal has become academic.

Which sections of the Income-tax Act were involved?

Section 12AA,Section 143(3)

AI-generated summary — verify with the full judgment below

�नधा�रती क� ओर से/Assessee by : Shri Vishal Mohan, Advocate राज�व क� ओर से/ Revenue by : Smt. Kusum Bansal, CIT सुनवाई क� तार�ख/Date of Hearing : 26/08/2021 उदघोषणा क� तार�ख/Date of Pronouncement : 26/08/2021 आदेश/Order

PER N.K. SAINI, VICE PRESIDENT

1. This is an appeal by the Assessee against the order dt. 30/11/2017 of Ld. CIT(E), Chandigarh.

2. During the course of hearing the Ld. Counsel for the Assessee moved an application to withdraw the appeal stating therein as under:

Application for bringing on record subsequent developments, because of which appeal has been rendered infructuous. Respectfully Sheweth:

1.

The present appeal has been preferred against the rejection of application for registration under section 12AA of the Income Tax Act, 1961. The assessments for assessment years 2011-12, 2012-13, 2013-14, 2014-15 and 2016-17 had been framed under section 143(3) of the Income Tax Act, 1961. The issues in the said appeals have been got settled by the assessee under Vivad se Vishwas Act, 2020.

2.

That as all the issues arising from the assessments have been settled and as now, as per the instructions received, the assessee is in the process of converting the Society into Non Profit Company under section 8 of the Companies Act, the issue involved in the present appeal has become academic.

2 3. That being the case, it is most respectfully prayed that as the issue has become academic, permission may kindly be accorded for withdrawal of the said appeal. 4. It is, therefore, most respectfully prayed that present application may kindly be allowed or any other order which this Hon'ble Tribunal deems fit and proper in the facts and circumstances of the case may kindly be passed.

Date: 11/08/2021 Sd/- Applicant Through Counsel. Sd/- (Vishal Mohan) Advocate

3.

Ld. DR did not object if the appeal of the assessee is dismissed as withdrawn.

4.

In view of the above the appeal of the assessee is dismissed as withdrawn.

5.

In the result, appeal of the Assessee is dismissed.

(Order pronounced in the open Court on 26/08/2021 )

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