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Facts
The assessee filed an appeal against the order of the CIT(Exemption) rejecting their application for approval u/s 80G(5) in Form 10AB. The rejection was based on the ground of selecting the wrong section code. The assessee later filed an application to withdraw the appeal, citing a CBDT circular extending the due date for filing the relevant forms.
Held
The tribunal allowed the assessee's request to withdraw the appeal. The appeal was dismissed as withdrawn after the learned DR had no objection to the withdrawal application.
Key Issues
Whether the assessee should be permitted to withdraw the appeal; and if so, the appeal is dismissed as withdrawn.
Sections Cited
80G(5), 10A/10AB
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Income Tax Appellate Tribunal, ‘D’ BENCH
Before: SHRI PRASHANT MAHARISHI, ACCOUNTANT & SHRI SUNIL KUMAR SINGH
आदेश / O R D E R PER SUNIL KUMAR SINGH (J.M): 1. This appeal has been filed against the order dated 05.12.2023 passed by learned CIT(Exemption)/Mumbai National Faceless Appeal Centre(NFAC) u/s. 80G(5) of the Income–tax Act, 1961 [hereinafter referred as “Act”] for the relevant Assessment year [A.Y.] 2023–24, wherein learned Mohari Devi Taparia Kanya Mahavidyalay Trust CIT(Exemption) rejected appellant assessee’s application u/s. 80G(5) of the Act in form 10AB on the ground of selecting wrong section code (13-clause (ii) instead of 14-clause (iii)). 2. The appellant/assessee has filed this appeal on the following grounds: “
1. The learned Commissioner of Income Tax (Exemptions) erred in rejecting your appellant's application for approval u/s 80G of the Income Tax Act, 1961 on the ground that it is non-maintainable.
2. The learned Commissioner of Income Tax (Exemptions) was not justified in rejecting the application for approval u/s 80G without affording an opportunity of being heard.
3. The learned Commissioner of Income Tax (Exemptions) ought to have decided the matter of approval u/s 80G on merits of the case after providing an opportunity to the appellant trust to rectify the mistake of quoting incorrect section code in Form 10AB.”
3. In response to the notice issued by the tribunal, learned DR appeared and participated in the proceedings.
4. The case is listed for hearing. Assessee/trustee Shri Shivratan Jeetmal Taparia has moved an application with a prayer to permit the applicant to withdraw the appeal filed against the rejection order u/s. 80G(5) passed by the Commissioner Of Income Tax(Exemption) stating that CBDT has issued Circular No. 7/2024 dated 25.04.2024,extending the due date for filing form 10A/10AB under the Act.
5. Learned DR has no objection against the withdrawal application.
Mohari Devi Taparia Kanya Mahavidyalay Trust 6. In view of the prayer of withdrawal of appeal made by appellant/assessee/trustee, we permit the appellant assessee to withdraw the appeal. 7. In the result this appeal stands dismissed as withdrawn. Order pronounced on 30.05.2024.