MAHATMA GANDHIJI SEVA SANGAM,TIRUNELVELI vs. CIT EXEMPTIONS, CHENNAI
What did the Tribunal hold?
The Tribunal allowed the assessee to withdraw the appeal, noting that the assessee had since obtained registration under Section 12A of the Act. The appeal was therefore rendered academic.
What were the facts?
The assessee trust appealed against the rejection of its registration under Section 12AB of the Income Tax Act. Subsequently, a CBDT circular provided a fresh opportunity to apply for registration.
What were the issues?
Whether the appeal is infructuous due to subsequent registration obtained by the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI ABY T. VARKEY & SHRI AMITABH SHUKLA
आदेश / O R D E R PER ABY T. VARKEY, JM:
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-) Mahatma Gandhiji Seva Sangam :: 2 ::
It is noted that there is of ‘271’ days delay in filing of this appeal, for which, assessee has filed Condonation petition. Having perused the same, we are satisfied that there is a reasonable cause for delay. So, we condone the delay and proceed to adjudicate the appeal.
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 a 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:
AAAAM5131FE2021101 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.
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-) Mahatma Gandhiji Seva Sangam 5. In the result, appeal filed by the assessee is dismissed as withdrawn.
Order pronounced on the 26th day of July, 2024, in Chennai.
More judgments on Section 12AB
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- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 591/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
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