G.D.SHAH CHARITABLE TRUST,MUMBAI vs. CIT EXEMPTION, MUMBAI

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ITA 1399/MUM/2022Status: DisposedITAT Mumbai16 November 20223 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 allowed the assessee's request to withdraw the appeal. The appeal was dismissed as infructuous due to the withdrawal.

What were the facts?

The assessee, G D Shah Charitable Trust, filed an appeal against the conditions imposed by the CIT(Exemption) while granting registration under Section 80G of the Income-tax Act. The assessee later sought to withdraw the appeal.

What were the issues?

Whether the conditions imposed for registration under Section 80G were valid and whether the assessee could withdraw the appeal.

Which sections of the Income-tax Act were involved?

Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “G” MUMBAI

Before: SHRI OM PRAKASH KANT & MS. KAVITHA RAJAGOPAL

For Appellant: Mr. Sumit Mantri, AR
For Respondent: Mr. Hoshang B. Irani, DR
Hearing: 25/08/2022Pronounced: 16/11/2022

PER OM PRAKASH KANT, AM

1.

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.

2.

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

3.

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.

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