SHRI MALANI JAT JANSEVA CHARITABLE TRUST,MEMNAGAR vs. CIT EXE AHMEDABAD, AHMEDABAD
What did the Tribunal hold?
The Tribunal noted that the subsequent grant of registration and approval rendered the appeal infructuous. As the assessee wished to withdraw the appeal, it was dismissed as withdrawn.
What were the facts?
The assessee trust appealed against the rejection of its application for registration under Section 12A of the Income Tax Act. Subsequently, the trust was granted registration under Section 12AB and approval under Section 80G.
What were the issues?
Whether the appeal has become infructuous due to subsequent events, and whether the assessee can withdraw the appeal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, B” BENCH, AHMEDABAD
Per Rahul Chaudhary, Judicial Member:
By way of the present appeal Assessee has challenged the Order, dated 09/03/2026, passed by Learned Commissioner of Income-Tax (Exemption), Ahmedabad [hereinafter referred to as the ‘CIT(E)’], whereby the application filed by the Assessee in Form No. 10AB under Section 12A of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’] was rejected.
The grounds raised by the Assessee read as under:
“1. The order passed by the Learned Commissioner of Income Tax (Exemptions) cancelling the registration of the appellant trust Shri Malani Jat Janseva Charitable Trust under Section 12AB of the Income-tax Act, 1961 is bad in law and on facts.
The Learned Commissioner of Income Tax (Exemptions) erred in cancelling the registration merely on the ground that the appellant failed to submit certain information within the stipulated time without examining the genuineness of the activities of the trust.
The Learned Commissioner of Income Tax (Exemptions) failed to provide adequate and reasonable opportunity of being heard to the appellant, thereby violating the principles of natural justice.
The Learned Commissioner of Income Tax (Exemptions) failed to appreciate that the appellant trust has been carrying on genuine charitable activities in accordance with its objects since its inception and all compliance are visible on Income Tax Portal also.
The Learned Commissioner of Income Tax (Exemptions) erred in passing the impugned order without properly considering the facts and circumstances of the case.
The appellant craves leave to add, alter OR amend any of the above grounds of appeal at the time of hearing.”
When the appeal was taken up for hearing, none was present on behalf of the Assessee. However, on perusal of the record, we find that the Assessee has moved an application for withdrawal of the appeal, stating therein as under:
“1. The appellant has preferred the above appeal before this Hon'ble Tribunal against the order passed by the Learned Commissioner of Income Tax (Exemptions), Ahmedabad.
Subsequent to filing of the present appeal, the appellant trust has been granted registration under Section 12AB of the Income- tax Act, 1961 and has also been granted approval under Section 80G of the Act.
In view of the subsequent grant of registration and approval, the grievance raised in the present appeal no longer survives and 2 Shri Malani Jat Janseva Charitable Trust the appeal has become infructuous.
The appellant, therefore, does not wish to prosecute the present appeal any further and respectfully seeks permission of this Hon'ble Tribunal to withdraw the appeal.”
On perusal of the above, we find that the Assessee has stated that the Appellant-trust has been granted registration under Section 12AB of the Act and has also been granted registration under Section 80G of the Act and, therefore, the present appeal has become infructuous.
The Learned Departmental Representative did not have any objection since the Assessee did not wish to prosecute the present appeal.
In result, the present appeal preferred by the Assessee is dismissed as withdrawn.
Order pronounced in the open Court on 05.08.2026. (Gangadhar Panda) Judicial Member
िदनांक Dated : 05.08.2026 अहमदाबाद Ahmedabad;DS, PS
आदेशक"""त"ल"पअ"े"षत/Copy of the Order forwarded to : 1. अपीलाथ"/ The Appellant
""यथ"/ The Respondent. 3. संबं"धतआयकरआयु"त/ Concerned CIT 4. आयकरआयु"त(अपील) / The CIT(A)
"वभागीय""त"न"ध, आयकरअपील"यअ"धकरण/ DR, ITAT, 6. गाड"फाईल /Guard file. आदेशानुसार/BY ORDER, उप/सहायकपंजीकार (Dy./Asstt.
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