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Facts
The assessee filed an appeal against an order rejecting their application for registration under section 80G of the Income Tax Act. At the time of hearing, the assessee sought to withdraw the appeal, stating that the Commissioner of Income Tax had subsequently allowed the registration.
Held
The Tribunal noted that the assessee had filed a withdrawal request and the Revenue had no objection. Therefore, the Tribunal permitted the assessee to withdraw the appeal.
Key Issues
Whether the appeal can be dismissed as withdrawn upon request by the assessee, with no objection from the Revenue.
Sections Cited
80G, Income Tax Act, 1961
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JABALPUR BENCH “DB”, JABALPUR
Before: SHRI KUL BHARAT & SHRI, NIKHIL CHOUDHARY
PER KUL BHARAT, VICE PRESIDENT.:
This appeal, filed by the assessee, against the impugned order dated 15/11/2022 of learned Commissioner Income Tax (Exemption), Bhopal [hereinafter referred as to “Ld.CIT(E)”] rejecting the application of the assessee for registration u/s 80G of the Income Tax Act, 1961 (“the Act”, for short) for the assessment year 2022-23. The Assessee has raised the following grounds of appeals: - “1.That the Ld. CIT, Exemption, Bhopal has erred in facts and circumstances of the case to pass order for rejection of application of registration. That the Ld. CIT(A) has not considered the written submission filed for granting approval and thereafter assessee applicant has not received any notice of hearing on which basis rejection order has been passed, hence, the rejection of application is not justified. That the assessee craves leave to raise any other ground/s on or before the date of hearing to establish that the order is bad.”
At the time of hearing before us, the Ld. Authorized Representative of the assessee has filed a letter dated 01.05.2025 seeking withdrawal of this appeal. The contents thereof are reproduced herein for the sake of clarity: - Page 2 of 2 “1. That the above named assessee has filed an appeal against the order passed u/s 80G of IT Act, 1961, on dated 07/10/2023.
2. That the appellant has filed an application for transfer of appeal before the Hon'ble President, ITAT, Mumbai, vide order dated 29/10/2024.
That the Hon'ble President, ITAT, Mumbai, has transferred both the appeal to Hon'ble ITAT, Jabalpur Bench, Jabalpur.
4. That the Ld. Commissioner of Income Tax, Exemption, Bhopal has allowed the registration 80G(5) of IT Act, 1961. It is therefore respectfully prayed that the appeal filed by the assessee registered as may kindly be treated as withdrawn in the interest of natural justice and obliged.” 3. The Learned Departmental Representative for the Revenue has no objection for withdrawal of this appeal.
In view of the submissions made hereinabove, we permit the assessee to withdraw this appeal. Accordingly, the appeal is dismissed as withdrawn.
In the result, the appeal of the assessee is dismissed.
Order pronounced in the open Court on 20/05/2025.