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Facts
The appellant, Mahavir Jaipuria Medical Foundation, filed an application for registration u/s 12AB of the Income Tax Act, 1961. The application was dismissed by the CIT(E) due to issues with the genuineness of activities and non-compliance. The appellant then filed an appeal before the tribunal.
Held
The tribunal noted that the appellant had filed an application for withdrawal of the appeal. This was due to the trust obtaining regular registration under Section 12A(1)(ac)(i)/12AB(1)(a) of the Act, taking advantage of a CBDT circular extending timelines. The order of registration dated 05-07-2024 was not disputed by the Revenue.
Key Issues
The appeal was filed against the rejection of a 12AB registration application. The appeal was subsequently withdrawn by the appellant upon obtaining regular registration.
Sections Cited
12AB, 12A(1)(ac)(i), 12AB(1)(a), 12A(1)(ac)(iii)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JAIPUR BENCHES, “ B-Bench” JAIPUR
Mahavir Jaipuria Medical Foundation cuke The CIT (Exemption) Vs. Jaipur Jai Drinks Complex, Jawahar Lal Nehru Marg, Jaipur LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AADTM6167F vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assessee by : Ms. Ruchika Sogani, Advocate jktLo dh vksjls@Revenue by: Representative of the Department. lquokbZ dh rkjh[k@Date of Hearing : 21/11/2024 mn?kks"k.kk dh rkjh[k@Date of Pronouncement : 21 /11/2024 vkns'k@ORDER PER: NARINDER KUMAR, J.M.
The appellant claiming itself to be a Trust, on 30-09-2023 filed an application seeking its registration u/s 12AB of the Income Tax Act, 1961 (hereinafter referred to as “the Act’’). Said application came to be dismissed by ld. CIT(E), Jaipur vide impugned order dated 31-03-2024 on the following ground: “Genuineness of Activities and non-compliance.”
MAHAVIR JAIPURIA MEDICAL FOUNDATION VS CIT (EXEMPTION), JAIPUR 2. Feeling dissatisfied with the rejection of its application u/s 12AB of the Act, the appellant trust is before this Appellate Tribunal by way of an appeal presented on 14-05-2024.
It may be mentioned here that during the pendency of the appeal, on 18-11- 2024, the appellant has presented an application with the prayer for withdrawal of this appeal.
Heard on the prayer for withdrawal of appeal. File perused.
As noticed above, the application u/s 12AB of the Act was that Form 10AB presented by the applicant before the ld. CIT(E) was rejected as the applicant could not establish genuineness of activities, and due to non-compliance in this regard. In the application presented before the Registry on 18-11-2024 seeking withdrawal of the appeal, the applicant has alleged that since applicant – appellant trust was registered under Old Regime and as per New Regime, it was required to apply for regular registration in 05 years as per provision of Section 12A(1)(ac)(i) /12AB(1)(a) of the Act, but, due to some misconception of law, the trust applied for provisional registration and, thereafter, for regular registration as per provisions of Section 12A(1)(ac)(iii) of the Act.