K.S.P . NATARAJAN TRUST,TUTICORIN vs. CIT EXCEMPTIONS, CHENNAI

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ITA 200/CHNY/2021Status: DisposedITAT Chennai21 September 2022AY 2020-212 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 The appeal was dismissed as withdrawn, as there was no objection from the respondent.

What were the facts?

The assessee trust filed an appeal before the ITAT. Subsequently, the assessee filed an application to withdraw the appeal. The assessee intended to file a fresh application under Section 12AB of the Act.

What were the issues?

The primary issue was whether the assessee's request to withdraw the appeal should be granted to allow them to file a fresh application under a different section of the Act.

Which sections of the Income-tax Act were involved?

Section 12AA,Section 12AB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI

Before: SHRI MAHAVIR SINGHAND SHRI G. MANJUNATHA

Hearing: 21.09.2022Pronounced: 21.09.2022

आदेश / O R D E R

Per Mahavir Singh, Vice President :

1.

This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Exemptions), Chennai, in Appeal No.

C.No.CIT(E) 2(2356)/2015-16 dated 30.09.2016 u/s. 12AA of the Income Tax Act, 1961 (hereinafter ‘the Act’).

2.

At the outset, it is noticed that the assessee has filed an application dated 08.08.2022, wherein it was requested that the assessee want to withdraw the appeal as it want to file fresh application u/s. 12AB of the Act before PCIT (Exemptions). The relevant text of the letter reads as under:- “The Assessee trust has decided to withdraw the appeal filed before the Hon’ble ITAT as we have decided to get it rectified by filing fresh application under Section 12AB and therefore, we kindly request the Hon’ble bench to allow the withdrawal of the appeals as desired by us.”

3.

When this was pointed out to Ld. CIT-DR, he has not raised any objection for withdrawal of appeal. Hence, we dismiss the appeal as withdrawn.

4.

In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the Open Court on 21st September, 2022.

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