R M K EDUCATION TRUST,CHENNAI vs. CIT(EXEMPTIONS), CHENNAI

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ITA 209/CHNY/2024Status: DisposedITAT Chennai26 July 2024Bench: SHRI ABY T. VARKEY (Judicial Member), SHRI AMITABH SHUKLA (Accountant Member)3 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. This was because the assessee had subsequently obtained registration under Section 12A of the Act for multiple assessment years, rendering the current appeal academic.

What were the facts?

The assessee, R.M.K. Educational Trust, filed an appeal against the rejection of its registration under Section 12AB of the Income Tax Act. The appeal was filed with a delay, which was condoned by the tribunal.

What were the issues?

Whether the appeal has become infructuous due to subsequent events. The assessee's eligibility for registration under Section 12AB.

Which sections of the Income-tax Act were involved?

Section 12AB,Section 12A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI

Before: SHRI ABY T. VARKEY & SHRI AMITABH SHUKLA

For Respondent: Shri R. Clement Ramesh
Hearing: 04.07.2024Pronounced: 26.07.2024

आदेश / O R D E R PER ABY T. VARKEY, JM:

1.

This is an appeal preferred by the assessee Trust against the order of the Learned Commissioner of Income Tax (Exemptions), (hereinafter in short "the Ld.CIT(E)”), Chennai, dated 04.03.2023 rejecting the registration u/s.12AB of the Income Tax Act, 1961 (hereinafter in short ‘the Act’). (AY 20-) R.M.K. Educational Trust :: 2 ::

2.

It is noted that there is ‘267’ days delay in filing of this appeal, for which, assessee has filed Condonation petition. Having perused the same, we are satisfied that there is reasonable cause for delay.

So, we condone the delay and proceed to adjudicate the appeal.

3.

At the outset, the Ld.AR of the assessee submitted that after the appeal had been filed before this Tribunal, there has been a development in this case and submitted that the Central Board of Direct Taxes issued Circular No. 07 dated 25.04.2024, by virtue of which, assessee got fresh opportunity to file application (extended time till 30.06.2024) and assessee availed the same, and has received the registration under Section 12A of the Act for five (5) assessment years (2022-23 to AY 2026-2027) in DIN:

AAATR5890FE2021101 dated 03.07.2024. Hence the present appeal arising out of the impugned order for the same relief has accordingly become academic/infructuous and therefore, prayed for withdrawal of the present appeal.

4.

In the light of the aforesaid submissions, we are inclined to allow the assessee to withdraw the appeal and treat it as dismissed. (AY 20-) R.M.K. Educational Trust 5. In the result, appeal filed by the assessee is dismissed as withdrawn.

Order pronounced on the 26th day of July, 2024, in Chennai.

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