GAGAN MATHUR TRUST,MUMBAI vs. CIT (EXEMPTIONS), MUMBAI

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ITA 2799/MUM/2026Status: DisposedITAT Mumbai13 July 2026AY 2026-273 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 permitted the assessee to withdraw the appeals as they had become infructuous due to subsequent events. The Tribunal explicitly stated that no opinion was expressed on the merits of the case.

What were the facts?

The assessee's applications for registration under section 12AB and approval under section 80G were rejected by the CIT(Exemptions) due to the absence of irrevocability and dissolution clauses in the trust deed. Subsequently, the trust amended the deed and filed fresh applications, which were also rejected.

What were the issues?

Whether the appeals are infructuous due to subsequent amendments and fresh applications filed by the assessee.

Which sections of the Income-tax Act were involved?

Section 12AB,Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “G” MUMBAI

Before: SHRI OM PRAKASH KANT & SHRI PAWAN SINGH

For Appellant: Shri Basavraj Hiremath- CIT DR
Hearing: 13/07/2026

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “G” MUMBAI

BEFORE SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER) AND SHRI PAWAN SINGH (JUDICIAL MEMBER)

ITA No. 2799 & 2800/MUM/2026 Assessment Year: 2026-27

Gagan Mathur Trust, CIT (Exemptions) 1st Floor, Atur House, 87, 6th Floor, CH-601 MTNL Tel, Vs. Dr. Annie Besant Road, Ex. Building, Cumballa Hills, Worli Naka, Mumbai Pedder Road, Mumbai Maharashtra- 400018 Maharashtra- 400026 PAN NO. AAATG2922R Appellant Respondent

: Shri Satish Mody, Adv. Assessee by : Shri Basavraj Hiremath- CIT DR Revenue by

: 09/07/2026 Date of Hearing : 13/07/2026 Date of pronouncement ORDER u/s 254(1) of Income-Tax Act, 1961 PER OM PRAKASH KANT, AM:

These two appeals have been preferred by the assessee against two separate orders, both dated 18.02.2026, passed by the Learned Commissioner of Income-tax (Exemption), whereby the assessee's applications seeking registration under section 12AB of the Income- tax Act, 1961 ("the Act") and approval under section 80G of the Act, respectively, came to be rejected.

Gagan Mathur Trust 2 ITA No. 2799 & 2800/MUM/2026

2.

At the outset, the learned counsel for the assessee submitted that the application for renewal of registration under section 12AB was rejected by the Learned Commissioner of Income-tax (Exemption) on the ground that the trust deed did not contain an irrevocability clause and a dissolution clause. It was submitted that, subsequent to the said rejection, the assessee suitably amended the trust deed by incorporating the requisite clauses and filed fresh applications before the competent authority. The said applications were also rejected, whereupon the assessee preferred separate appeals before the Tribunal against those subsequent orders. In these circumstances, it was submitted that the present appeals have been rendered infructuous and, accordingly, permission was sought to withdraw the same. 3. Having considered the submission of the learned counsel and there being no objection from the Revenue, we permit the assessee to withdraw the present appeals. Consequently, the appeals are dismissed as withdrawn. It is, however, clarified that we have not expressed any opinion on the merits of the controversy, and all rights and contentions of the parties in the appeals arising from the subsequent orders are left open to be adjudicated in accordance with law.

Gagan Mathur Trust 3 ITA No. 2799 & 2800/MUM/2026

4.

In the result, both the appeals of the assessee are dismissed as withdrawn.

Order pronounced in the open Court on 13/07/2026.

Sd/- Sd/- (PAWAN SINGH) (OM PRAKASH KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated: 13/07/2026 Dragon Legal/Z.U., P.S.

Copy of the Order forwarded to : 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file.

BY ORDER,

//True Copy// (Assistant Registrar) ITAT, Mumbai

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