M/S MALDA DIGAMBAR JAIN MANDIR TRUST ,MALDA vs. CIT(EXEMPTION), KOLKATA

The caption appeals filed by the assessee are directed against the two separate orders passed by the Ld. Commissioner of Income Tax (Exemption), Kolkata [in short Ld. ‘CIT(Exemption’)] in relation to registration applied under section 12A(1)(ac)(ii) of the Income Tax Act, 1961 (in brevity the ‘Act’) dated 26.02.2024.

At the outset, ld. Counsel for the assessee stated before the Bench that the assessee is a Trust and has granted provisional approval u/s 12A(i)(ac)(ii) of the Act in Form 10AC vide order dated 03.11.2021 for a period commencing from AY 2022- 23 to AY 2024-25. Subsequently, assessee also filed an application for registration u/s 12A(1)(ac)(ii) of thse Act electronically on 29.09.2023 in Form 10AB under Rule & 934/Kol/2024 M/s Malda Digambar Jain Mandir Trust 17A of the Income Tax Rules, 1962. However, the claim of the assessee was rejected by the Ld. CIT(E).

Aggrieved by the above order assessee is in appeal before this Tribunal. However, in the intervening time CBDT has recently issued a circular bearing No. 7/24 by which extended the benefit of due date for filing Form 10A/10AB up to 03.06.2024 by stating in para 4.1 of the said Circular as under: “4.1 Further, in cases where any trust, institution or fund has already made an application in Form No. 10AB, and where the Principal Commissioner or Commissioner has passed an order rejecting such application, on or before the issuance of this Circular, solely on account of the fact that the application was furnished after the due date or that the application has been furnished under the wrong section code, it may furnish a fresh application in Form No. I0AB within the extended time provided in paragraph 3(ii) i.e. 30.06.2024.”

In view of the above circular issued by CBDT, Ld. AR has filed fresh application for registration in Form No. 10AB, under section 12A(1)(ac)(ii) of the Act dated 14.06.2024 and same is pending for disposal. Therefore, the Ld. AR prayed before the Bench to allow him to withdraw the cases since the matter became infructuous.

On the other hand, Ld. DR was fair enough not to object to the such prayer made by Ld. AR before this Bench.

After hearing the submissions of both the parties and perusing the material available on record, we allow the assessee to withdraw the captioned appeals.

In the result, the appeals filed by the assessee are dismissed as withdrawn. Kolkata, the 26th July, 2024.