SEKHSARIA CHARITABLE TRUST,MUMBAI vs. COMMISSIONER OF INCOME-TAX - EXEMPTIONS, MUMBAI
What did the Tribunal hold?
The Tribunal noted that the subsequent approval under Section 12AB rendered the appeals infructuous. Therefore, the appeals were dismissed as withdrawn.
What were the facts?
The assessee's application for renewal of registration under Section 12AB and approval under Section 80G was rejected by the CIT(E). Subsequently, the CIT(E) granted approval under Section 12AB. The assessee then sought to withdraw the appeals against the earlier rejection orders.
What were the issues?
Whether the appeals filed against the rejection of registration under Section 12AB and approval under Section 80G are maintainable when subsequent approval under Section 12AB has been granted.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “F” BENCH; MUMBAI
Before: SHRI VIKRAM SINGH YADAV & SHRI PAWAN SINGH
IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH; MUMBAI BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA Nos. 2653 & 2654/Mum/2026 (Assessment Year: NA)
Sekhsaria Charitable Trust Commissioner of Income-tax - 11-A Mittal Chambers, BR Exemptions Rajani Patel Marg, Nariman vs. Room No. 601, 6th Floor, Point, Mumbai 400021, Cumballa Hill MTNL TE Building, MUMBAI, Maharashtra, Peddar Road, 400021 DrGopalraoDeshmukh Marg, Cumballa Hill,, MUMBAI, PAN: AAATS0801P Maharashtra, 400026 (Appellant) (Respondent) For Assessee : Shri Sagar Momaya, CA For Revenue : Shri Nishant Somaiya (CIT DR) Date of Hearing : 02.07.2026 Date of Pronouncement : 08.07.2026 O R D E R PER VIKRAM SINGH YADAV, A.M : These are two appeals filed by the Assessee against the respective orders of the Learned Commissioner of Income Tax (Exemptions), Mumbai [‘Ld.CIT(E)’], dated 6/02/2026 wherein the assessee’s application seeking renewal of registration u/s. 12AB of the Income Tax Act, 1961 (‘the Act’) were rejected on the ground of non-inclusion of dissolution clause in trust deed/MOA and specific violation as per Explanation (g) to section 12AB(4) of the Act and consequentially, the assessee’s application u/s 80G(5) was also rejected by separate order of even date.
ITA No. 2653 & 2654/Mum/2026; A.Y. NA Sekhsaria Charitable Trust 2. During the course of hearing, the ld. AR on behalf of the assessee submitted that the ld. CIT(E) has subsequently granted the approval to the assessee trust u/s. 12AB of the Act vide approval dated 15.04.2026, and in light of the same, the assessee wishes to withdraw the present appeals.
The ld DR didn’t raise any objection to the withdrawal request so submitted on behalf of the assessee.
In light of the subsequent registration so granted by the ld. CIT(E) u/s. 12AB of the Act and withdrawal request so made on behalf of the assessee, we find that the present appeals so filed by the assessee have become infructuous.
In the result, both the appeals filed by the assessee are dismissed as withdrawn. Order pronounced on 08.07.2026
Sd/- Sd/- PAWAN SINGH VIKRAM SINGH YADAV (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) Mumbai, Dated: 08.07.2026 Karishma J. Pawar, SR. PS Copy to : 1) The Appellant 2) The Respondent 3) The CIT concerned 4) The D.R, ITAT, Mumbai 5) Guard file
By Order
Dy./Asst. Registrar I.T.A.T, Mumbai
More judgments on Section 12AB
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Sheo Narayan Trust, Khajpura vs CIT Exemption, PatnaITA 554/PAT/2026[2025-2026]Status: Disposed16 Oct 2026AY 2025-2026
- Ss Early Learning Society, Hyderabad vs CIT (Exemption), HyderabadITA 1208/HYD/2025[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 592/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 591/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
Recent GST High Court judgments
Search GST case law →- Shaista Praween vs. The Assistant Commissoner Of GST And Central Excise, RourkelaOrissa · 6 Nov 2026
- M/S Shah Batteries Private Limited vs. The Union Of INDIATelangana · 5 Nov 2026
- Sri Alok Kumar Singh vs. The State Of Assam And 3 OrsGauhati · 5 Nov 2026
- Sri Mintu Das vs. The Union Of INDIA And 3 OrsGauhati · 5 Nov 2026
- Alhanney Guest House vs. The State Of Assam And 3 OrsGauhati · 5 Nov 2026