JD FOUNDATION,PUNE vs. CIT (EXEMPTIONS), PUNE

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ITA 28/PUN/2021Status: DisposedITAT Pune11 July 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 withdrawal was permitted because the assessee had obtained provisional registration under new provisions of the Act for a subsequent assessment year.

What were the facts?

The assessee filed an appeal against an order refusing registration. The appeal was filed with a significant delay, which was condoned. Subsequently, the assessee sought to withdraw the appeal.

What were the issues?

Whether the assessee should be allowed to withdraw its appeal against a refusal of registration, given subsequent provisional registration under new provisions.

Which sections of the Income-tax Act were involved?

Section 12AB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Sarvesh Khandelwal

आदेश / ORDER PER S.S. VISWANETHRA RAVI, JM :

1.

This appeal by the assessee against the order dated 23-03-2020 passed by the Commissioner of Income Tax (Exemption), Pune for assessment year 2020-21.

2.

We find that this appeal was filed with a delay of 265 days. Upon hearing both the parties, we find that the reasons explained by the ld. AR are bonafide which really prevented the assessee to file the appeal in time. Therefore, the delay of 265 days are condoned.

3.

The assessee filed an application dated 06-07-2022 seeking permission to withdraw the present appeal. The relevant extract of the application reads as under : “3. Subsequently, the Finance Act 2020 has rationalized the process of registration of the trust and new provisions were introduced for the registration of the trust under the Act. Accordingly, the assessee trust had applied for registration as per new provisions u/s. 12AB of the Act. The assessee has been successfully granted a provisional registration vide Form No. 10AC with effect from A.Y. 2022-23. The copy of the same is enclosed herewith for reference in Annexure 1. Thus, as provisional registration has now been granted to the assessee, the assessee would like to withdraw its appeal as filed against the order of CIT exemptions refusing to grant the registration.”

4.

Shri Sunil Kumar, the ld. DR has no objection in case the assessee wishes to withdraw the appeal.

5.

In view of the request made by the assessee the appeal is dismissed as withdrawn.

Order pronounced in the open court on 11th July, 2022.

Sd/- Sd/- (R.S. Syal) (S.S. Viswanethra Ravi) JUDICIAL MEMBER VICE PRESIDENT पुणे / Pune; दिनाांक / Dated : 11th July, 2022. रदव आदेश की प्रधिधलधप अग्रेधर्ि / Copy of the Order forwarded to : अपीलार्थी / The Appellant. 1. प्रत्यर्थी / The Respondent. 2. 3. The CIT(Exemptions), Pune 4. The Addl./Joint CIT-Exemption Range, Pune दवभागीय प्रदतदनदि, आयकर अपीलीय अदिकरण, “ए” बेंच, 5. पुणे / DR, ITAT, “A” Bench, Pune. गार्ड फ़ाइल / Guard File. 6. //सत्यादपत प्रदत// True Copy// आिेशानुसार / BY ORDER,

वररष्ठ दनजी सदचव / Sr. Private Secretary आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune

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