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Income Tax Appellate Tribunal, DELHI BENCH “E” DELHI
Before: SHRI KUL BHARAT & SHRI PRADIP KUMAR KEDIA
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)
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.
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.
Per contra, the ld. DR for the Revenue submitted that he has no objection to such withdrawal application per se.
In the light of the aforesaid application by the assessee for withdrawal of the appeal, the appeal is dismissed as withdrawn.
In the result, the appeal of the assessee is dismissed in limine.
Order was pronounced in the open Court on 08 March, 2022.