NATAKHAPRIYA TRUST,CHENNAI vs. CIT, EXEMPTIONS,, CHENNAI

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ITA 1701/CHNY/2024Status: DisposedITAT Chennai23 August 2024Bench: HON’BLE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER AND HON’BLE SHRI AMITABH SHUKLA (Accountant Member)2 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal allowed the assessee to withdraw the appeal. It was clarified that the withdrawal of the current appeal would not affect the earlier approval granted under Section 80G.

What were the facts?

The assessee filed an application in Form No. 10AB seeking approval under Section 80G of the Income Tax Act. This application was rejected by the authorities. The assessee had previously obtained approval under Section 80G.

What were the issues?

Whether the assessee can withdraw an appeal against the rejection of an application for approval under Section 80G when prior approval was already obtained.

Which sections of the Income-tax Act were involved?

Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: HON’BLE SHRI MANU KUMAR GIRI

Hearing: 21.08.2024Pronounced: 23.08.2024

आयकर अपीलीय अिधकरण ‘’बी’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI माननीय �ी मनु कुमार िग�र, �ाियक सद� एवं माननीय �ी अिमताभ शु�ा . लेखा सद� के सम�। BEFORE HON’BLE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER AND HON’BLE SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER आयकरअपील सं./ Natakhapriya Trust, Vs. The Commissioner of Income Tax, No.13A, V Trust Cross Street, Exemptions, Mandavellipakkam, Chennai. Chennai 600 028. [PAN: AABTN 9477F] (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/ Appellant by : Shri D. Anand, Advocate ��यथ� क� ओर से /Respondent by : Shri V. Nandakumar, IRS, CIT. सुनवाई क� तार�ख/Date of Hearing : 21.08.2024 घोषणा क� तार�ख /Date of Pronouncement : 23.08.2024 आदेश / O R D E R MANU KUMAR GIRI (Judicial Member)

Aggrieved by rejection of application filed in Form No.10AB on 03.10.2023 for seeking approval under clause (ii) of first proviso to subsection (5) of Sec.80G vide impugned order dated 09.04.2024, the assessee is in further appeal before us.

2.

At the outset, the ld.Counsel for the assessee submitted that assessee has already obtained approval u/s80G of the Act. However, the assessee inadvertently again filed the application in Form 10AB seeking approval hence, the assessee is seeking to withdraw the present appeal. The ld.Counsel also prayed that if the present appeal is withdrawn, the earlier approval granted would not be disturbed in any manner by this withdrawal.

3.

We have heard both the parties. The ld.DR did not oppose the prayer of assessee. We allow assessee to withdraw this appeal as the ld.Counsel has prayed. We also make clear that the earlier approval granted u/s 80G by the ld.CIT(E) will not be tinkered with in any manner pursuant to withdrawal of this present appeal.

4.

The appeal stand dismissed as withdrawn in terms of our above order.

Order pronounced in the open court on 23rd day of August, 2024 at Chennai.

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