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Facts
The assessee filed an appeal against the order of the CIT(Exemption) concerning the AY 2025-26. The appeal was related to the rejection of an application for approval under section 80G(5). The assessee stated that they lacked the prerequisite registration under section 12AB.
Held
The assessee sought to withdraw the appeal because their application for registration under section 12AB was pending, which is a condition precedent for section 80G(5) approval. The Revenue did not object to the withdrawal request.
Key Issues
Whether the assessee can withdraw the appeal for approval under section 80G(5) when the prerequisite registration under section 12AB is pending.
Sections Cited
80G(5), 12AB, 254(1)
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PER PAWAN SINGH, JUDICIAL MEMBER:
This appeal by assessee is directed against the order of CIT(Exemption), Pune dated 17.10.2024 for Assessment Year (A.Y.) 2025–26.
At the outset of hearing, the learned Authorised Representative (ld. AR) of the assessee submits that he may be allowed to withdraw the appeal for the reasons that this appeal relates to rejection of application under section 80G(5) for approval of trust. At present, there is no registration under section 12AB which is the condition precedent for availing approval under section 80G(5). As application of assessee for registration is still pending before ld. CIT(E), the assessee be given liberty to take appropriate steps for making application under section 80G(5) subsequently.
Shri Siddheshwar Shiv Mandir Trust ITA 584/Nag/2024 (A.Y. 2025–26)
On the other hand, learned Commissioner of Income Tax – Departmental Representative (ld. CIT–DR) for the Revenue has not objected on the plea of ld. AR of the assessee. Considering the fact that assessee is seeking withdrawal of present appeal. The appeal is dismissed as withdrawn. However, the assessee may approach the Tribunal at appropriate stage in accordance with law.
In the result, the appeal of assessee is dismissed as withdrawn. Order pronounced in open court on 19/02/2026 at the time of hearing Sd/– Sd/– KHETTRA MOHAN ROY PAWAN SINGH ACCOUNTANT MEMBER JUDICIAL MEMBER Nagpur: Dated: 19/02/2026 Biswajit