M.S. NAROOLA MEMORIAL CHARITABLE TRUST,LUCKNOW vs. COMMISSIONER OF INCOME TAX (E), LUCKNOW
What did the Tribunal hold?
The Tribunal noted the assessee's withdrawal application and the CIT (DR)'s lack of objection. Consequently, the Tribunal permitted the withdrawal of the appeal.
What were the facts?
The assessee, M.S. Naroola Memorial Charitable Trust, filed an appeal against the order of the CIT (Exemption) rejecting their application under section 12A(1). The assessee later filed a withdrawal application stating they do not intend to carry on charitable activities.
What were the issues?
Whether the assessee should be allowed to withdraw their appeal against the rejection of their registration application.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, LUCKNOW BENCH “A”, LUCKNOW
Before: SHRI. MAHAVIR SINGH & SHRI GIRISH AGRAWAL
PER BENCH: This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Exemption), Lucknow, rejecting the application filed by the assessee under section 12A(1)of the Income Tax Act, 1961 (hereinafter ‘the Act’), dated 20.4.2019. 2. At the outset, it is noticed that the assessee has filed withdrawal application dated 22.9.2022, which reads as under: “This is with reference to the captioned appeal filed by the Appellant challenging the order passed by the CIT (Exemption), Lucknow. The present appeal is listed for hearing before your honour on 03.10.2022. In this regard, it is to bring to your kind notice that the appellant do not intend to carry on the charitable activities in the near future and wishes to withdraw the present appeal.
Thus it is requested that the appellant may kindly be allowed to withdraw the captioned appeal.” 3. The ld. CIT (DR) has not objected to the withdrawal of this appeal by the assessee. 4. After perusing the withdrawal application and going through the contents of the appeal, we permit withdrawal of the appeal and accordingly the assessee’s appeal is dismissed as withdrawn. 3. In the result, the appeal is dismissed as withdrawn. Order pronounced in the open Court on 29/11/2022.
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