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Facts
The appeal was filed by Upgrad Foundation against the order of the CIT(Exemptions) rejecting its application for registration under section 12AB of the Income Tax Act. The assessee subsequently filed a letter requesting withdrawal of the appeal due to plans to restructure its existing arrangement and apply for fresh registration.
Held
The Tribunal heard the submissions of the assessee's AR and the DR. The DR did not object to the withdrawal of the appeal. Considering the facts and circumstances, the Tribunal accepted the assessee's request.
Key Issues
Whether the appeal should be dismissed as withdrawn based on the assessee's request and the revenue's no objection.
Sections Cited
250, 12AB, 13
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “F”, MUMBAI
Before: SHRI. BR BASKARAN & SHRI. RAJ KUMAR CHAUHAN
O R D E R PER RAJ KUMAR CHAUHAN (J.M.): 1. This appeal is filed by the appellant/assessee against the order dated 27.03.2024 of ITBA/EXM/F/EXM45/2023-24/1063477144(1), CIT (Exemptions), Mumbai [hereinafter referred to as the Page | 1
The assessee is in appeal before us and has raised following grounds:
1. “On the facts and circumstances of the case and in law, the Commissioner Income-tax (Exemptions), Mumbai (hereinafter referred to as "the CIT") erred in rejecting the application made by the appellant for registration u/s 12AB of the Income Tax Act 1961 (hereinafter referred to as "the Act"), without appreciating the fact that the appellant is carrying out charitable activities in accordance with the objects of the trust.
2. The CIT failed to appreciate that the exemption u/s 12AB can be denied only when the part of the income accrues to the benefit of the person mentioned u/s 13 of the Act and not when the payments have been made for availing services from the persons mentioned u/s 13 of the Act which are vital for carrying out the charitable activities by the appellant.
3. The CIT rejected the application made by the appellant without providing a show-cause notice before rejection which is against the principles of natural justice.”
3. Assessee vide its letter dated 14.10.2024, prayed for withdrawal of appeal in A.Y.2024-25. For the sake of convenience, we are reproducing the contents of the said Application as under: - “With reference to above subject matter, we state that the hearing of the above referred appeal was fixed on 14.10.2024. However, we seek to withdraw the appeal as we are planning to restructure the existing arrangement and wish to apply for fresh registration after some-time.
Upgrad Foundation; A.Y. 2024-25 In view of the above facts, we would request Hon'ble Members to withdraw the appeal and oblige. Inconvenience caused to Hon'ble Members is deeply regretted.” 4. In view of the application, we have heard the Ld. AR on behalf of the assessee and Ld. DR on behalf of the revenue. The Ld. DR has not raised any objection to the withdrawal of this appeal.
We find considerable cogency in the contentions of Assessee as aforesaid. Keeping in view of the facts and circumstances of the case, we accept the request of the assessee for withdrawal of the Appeal and accordingly, we dismiss the Appeal as withdrawn.
In the result, appeal filed by the assessee is dismissed as withdrawn.
Order pronounced in the open court on 14.10.2024