SWARUPCHAND AGARWAL CHARITABLE TRUST,MUMBAI vs. THE COMMISSIONER OF INCOME-TAX (EXEMPTIONS), MUMBAI, MUMBAI

The substantive grievances raised by the Assessee in this appeal The substantive grievances raised by the Assessee in this appeal The substantive grievances raised by the Assessee in this appeal pertain to the rejection of its application for registration under the pertain to the rejection of its application for registration under the pertain to the rejection of its application for registration under the Act. The Ld. CIT(E) denied the registration primarily on the grounds Act. The Ld. CIT(E) denied the registration primarily on the grounds Act. The Ld. CIT(E) denied the registration primarily on the grounds that the trust deed lacked specific clauses concerning trust deed lacked specific clauses concerning trust deed lacked specific clauses concerning irrevocability and dissolution. Furthermore, the Ld. CIT(E) invoked . Furthermore, the Ld. CIT(E) invoked . Furthermore, the Ld. CIT(E) invoked Explanation (g) to Section 12AB(4) (g) to Section 12AB(4) of the Income Tax Act, 1961, alleging of the Income Tax Act, 1961, alleging misrepresentation misrepresentation misrepresentation of of of facts, facts, facts, notwithstanding notwithstanding notwithstanding the the the Assessee’s Assessee’s Assessee’s contention that it is a validly constituted charitable trust and had n that it is a validly constituted charitable trust and had n that it is a validly constituted charitable trust and had already initiated remedial measures via a supplementary resolution already initiated remedial measures via a supplementary resolution already initiated remedial measures via a supplementary resolution dated 01.11.2025 to amend the trust deed. to amend the trust deed.

At the threshold of the hearing, the Learned Counsel for the At the threshold of the hearing, the Learned Counsel for the At the threshold of the hearing, the Learned Counsel for the Assessee moved an appli Assessee moved an application via letter dated 17.04.2026 17.04.2026, seeking leave of this Tribunal to withdraw the captioned appeal. It was leave of this Tribunal to withdraw the captioned appeal. It was leave of this Tribunal to withdraw the captioned appeal. It was categorically submitted that during the pendency of these categorically submitted that during the pendency of these categorically submitted that during the pendency of these proceedings, the Assessee has successfully obtained the requisite proceedings, the Assessee has successfully obtained the requisite proceedings, the Assessee has successfully obtained the requisite registration from the co registration from the competent lower authorities. Consequently, mpetent lower authorities. Consequently, the Learned Counsel submitted that the present appeal has been the Learned Counsel submitted that the present appeal has been the Learned Counsel submitted that the present appeal has been rendered academic and infructuous. rendered academic and infructuous. The Revenue has no objection The Revenue has no objection to the request for withdrawal. to the request for withdrawal.

In view of the categorical submissions made by the Lea In view of the categorical submissions made by the Learned In view of the categorical submissions made by the Lea Counsel and the formal communication placed on record, the Counsel and the formal communication placed on record, the Counsel and the formal communication placed on record, the Assessee is permitted to withdraw the appeal. Accordingly, the Assessee is permitted to withdraw the appeal. Accordingly, the Assessee is permitted to withdraw the appeal. Accordingly, the appeal is dismissed as infructuous. appeal is dismissed as infructuous.

In the result, the appeal filed by the Assessee stands In the result, the appeal filed by the Assessee stands In the result, the appeal filed by the Assessee stands dismissed as withdrawn.