Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, MUMBAI BENCH “G” MUMBAI
Before: SHRI OM PRAKASH KANT & MS. KAVITHA RAJAGOPAL
PER OM PRAKASH KANT, AM
This appeal has been preferred by the assessee against order dated 18.10.2021 passed by the Commissioner of Income-tax (Exemption), Mumbai in relation to Registration of the assessee- trust u/s 80G of the Income-tax Act, 1961 (in short ‘the Act’). The assessee has raised following grounds:
G D Shah Charitable Trust G D Shah Charitable Trust 2 ITA No. 1399/M/2022
1. On the facts and circumstances of the case, the On the facts and circumstances of the case, the On the facts and circumstances of the case, the Ld. DIT(CPC) erred granting registration to the Ld. DIT(CPC) erred granting registration to the Ld. DIT(CPC) erred granting registration to the appellant subject to certain conditions. The conditions appellant subject to certain conditions. The conditions appellant subject to certain conditions. The conditions imposed by the DIT(CPC) are unwarranted unjustified imposed by the DIT(CPC) are unwarranted unjustified imposed by the DIT(CPC) are unwarranted unjustified and without any authority of law. and without any authority of law.
At the outset, before us, on behalf of the assessee assessee, it was submitted that the Pr. Commissioner of Income submitted that the Pr. Commissioner of Income-tax had granted tax had granted approval in prescribed under 10AC of the Income approval in prescribed under 10AC of the Income-tax Rules, 1962 tax Rules, 1962 (in short ‘the Rules’) wherein (in short ‘the Rules’) wherein unwarranted conditions were specified conditions were specified and the assessee was aggrieved against those conditions for e was aggrieved against those conditions for e was aggrieved against those conditions for registration of the Trust. However, vide Circular No. 11 of 2022 registration of the Trust. However, vide Circular No. 11 of 2022 registration of the Trust. However, vide Circular No. 11 of 2022 dated 03.06.2022, the CBDT has issued clarification regarding dated 03.06.2022, the CBDT has issued clarification dated 03.06.2022, the CBDT has issued clarification conditions to be specified at the time of approval u/s 80G of the Act conditions to be specified at the time of approval u/s 80G of the Act conditions to be specified at the time of approval u/s 80G of the Act by the CIT(E) and in view of that assessee is not interested in and in view of that assessee is not interested in and in view of that assessee is not interested in pursuing this appeal. Accordingly, pursuing this appeal. Accordingly, assessee wants to withdraw the to withdraw the same.
2.1 In view of request of the assessee, the appeal is allowed In view of request of the assessee, the appeal is allowed In view of request of the assessee, the appeal is allowed as withdrawn and accordingly dismissed as infructuous. and accordingly dismissed as infructuous. and accordingly dismissed as infructuous.
G D Shah Charitable Trust G D Shah Charitable Trust 3 ITA No. 1399/M/2022
In the result, the appeal filed by the assessee is dismissed as t, the appeal filed by the assessee is dismissed as t, the appeal filed by the assessee is dismissed as infructuous.