MANGAL SINGH HEALTHCARE FOUNDATION,DHANAURA AMROHA vs. CIT (EXEMPTIONS), LUCKNOW

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ITA 1213/DEL/2019Status: DisposedITAT Delhi08 March 20222 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 for withdrawal of the appeal. The appeal was accordingly dismissed as withdrawn.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 filed a withdrawal application, stating that due to an increase in the exemption limit under Section 10(23C)(iiiae), it no longer wished to pursue registration under Section 12A.

What were the issues?

Whether the assessee should be allowed to withdraw its appeal against the rejection of registration under Section 12AA, given changed circumstances regarding exemption limits.

Which sections of the Income-tax Act were involved?

Section 12AA,Section 12A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “E” DELHI

Before: SHRI KUL BHARAT & SHRI PRADIP KUMAR KEDIA

For Respondent: Shri S.N. Pandey, Sr.DR

PER PRADIP KUMAR KEDIA - A.M.: The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Exemption), Lucknow dated 19.12.2018 passed under Section 12AA(1)(b)(ii) of the Income Tax Act, 1961 (the Act)

2.

None appeared on behalf of the assessee. However, an application for withdrawal of appeal has been filed by the assessee wherein it has submitted as under: “The aforesaid appeal under reference has been filed by the appellant against the order of CIT, Exemption, Lucknow passed u/s 12AA(1)(b)(ii) of the Act, on 19.12.20218, wherein the application for obtaining registration under 12(A), as filed by the assessee, has been rejected.

1.

Now, vide Finance Act, 2021, the exemption limit u/s 10(23C)(iiiae) has been increased form Rs.1 Crore to Rs.5 Crores, and the assessee trust is very much certain that its ‘Annual Aggregate Receipts’ would not exceed Rs.5 Crore in the forth coming years. Therefore, the assessee is not willing to pursue its registration application u/s 12A of the Act, as above. In view of the above facts, your honors is very humbly requested to kindly allow withdrawal of the appeal of the appellant as referred above, by issuing necessary order.

3.

Per contra, the ld. DR for the Revenue submitted that he has no objection to such withdrawal application per se.

4.

In the light of the aforesaid application by the assessee for withdrawal of the appeal, the appeal is dismissed as withdrawn.

5.

In the result, the appeal of the assessee is dismissed in limine.

Order was pronounced in the open Court on 08 March, 2022.

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