SHREE VALLABHACHARYA FOUNDATION,MUMBAI vs. COMMISSIONER OF INCOME TAX (EXEMPTION), MUMBAI

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ITA 2998/MUM/2026Status: DisposedITAT Mumbai14 July 2026AY 2026-20273 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that since the CIT(E) had subsequently granted the registration and approval, the assessee's appeals had become infructuous. Therefore, the appeals were dismissed as withdrawn.

What were the facts?

The assessee's applications for registration under section 12AB and approval under section 80G were initially rejected. Subsequently, the CIT(E) allowed both applications based on a High Court decision, subject to the outcome of a Supreme Court appeal.

What were the issues?

Whether the assessee's appeals against the rejection of registration and approval are infructuous after the CIT(E) subsequently granted them.

Which sections of the Income-tax Act were involved?

Section 12AB,Section 80G

AI-generated summary — verify with the full judgment below

PER PAWAN SINGH, JUDICIAL MEMBER: 1. These two appeals by assessee are directed against the separate orders of ld. CIT(E) both dated 18.02.2026 for rejecting the approval of fund of registration under section 12AB respectively. 2. At the outset of hearing, the ld. Authorised Representative (ld. AR) of the assessee submits that after rejection of both the applications that is for registration under section 12AB and approval of fund under section 80G, the ld. CIT(E) have allowed both the applications and granted registration under section 12AB and approval of funds under section 80G(5) on the basis of decision of Bombay High Court in the Writ Petition No. 7587 of 2026 in the

Shree Vallabhacharya Foundation ITA Nos. 2998 & 2999/M/2026 (AY: 2026-27) case of The Chamber of Tax consultants & Ors. Vs The CIT(E). The ld. CIT(E) also observed that revenue is preferring Special Leave Petition before Hon’ble Supreme Court and the renewal / registration and approval is subject to outcome of decision of Hon’ble Supreme Court. In such situation, both the appeals preferred by assessee have become infructuous. 3. On the other hand, the learned Commissioner of Income Tax – Departmental Representative (ld. CIT-DR) for the Revenue submits that he has no objection in both the appeals of assessee are dismissed as withdrawn. 4. We have considered the rival submissions of both the parties and have gone through the orders of ld. CIT(E) in both the appeals as well as subsequent order passed by ld. CIT(E) dated 13.04.2026 in allowing registration under section 12AB as well as approval of fund under section 80G(5) wherein the assessee is allowed relief. Thus, considering the decision of ld. CIT(E), we find that both the appeals of assessee have become infructuous and the same are dismissed as withdrawn. 5. In the result, both the appeals of the assessee are dismissed. Order was pronounced in the open Court on14/07/2026.

/- S/- Sd/- /- Sd/- Sd/- OM PRAKASH KANT PAWAN SINGH ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated: 14/07/2026 Biswajit

Shree Vallabhacharya Foundation ITA Nos. 2998 & 2999/M/2026 (AY: 2026-27) Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Mumbai; and (5) Guard file. By Order

Assistant Registrar ITAT, Mumbai

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