DENJONG CHARITIES,GANGTOK vs. CIT(EXEMPTION), KOLKATA

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ITA 698/KOL/2024Status: DisposedITAT Kolkata22 July 2024Bench: SRI SANJAY GARG, JUDICIAL MEMBER & SRI SANJAY AWASTHI, ACCOUNTANT MEMBER I.T.A. No.: 698/KOL/2024 Assessment Year: N.A. Denjong Charities...................................................................Appellant [PAN: AABTD 1992 M] Vs. CIT (Exemption), Kolkata......................................................Respondent Appearances: Assessee represented by: None. Department represented by: Abhijit Kundu, CIT DR. Date of concluding the hearing : June 27th, 2024 Date of pronouncing the o3 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 assessee subsequently filed a letter seeking to withdraw the appeal, stating that the issue had been addressed by CBDT Circular 7 of 2024. The Tribunal allowed the withdrawal of the appeal.

What were the facts?

The assessee, a charitable trust, had its application for regular approval under Section 80G(5)(iii) rejected by the CIT (Exemption) due to a delay in filing Form 10AB. The assessee filed an appeal against this rejection.

What were the issues?

Whether the appeal filed against the rejection of an 80G application due to delay is maintainable when the issue is subsequently addressed by a CBDT circular, and if the assessee can withdraw the appeal.

Which sections of the Income-tax Act were involved?

Section 80G(5)(iii),Section 246A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA

Before: SRI SANJAY GARG & SRI SANJAY AWASTHI

order

: July 22nd, 2024 ORDER

Per Sanjay Awasthi, Accountant Member:

1.

In this case the impugned order dated 24.02.2024 pertains to rejection of application filed in Form-10AB u/s 80G(5)(iii) of the Act. The said rejection was ostensibly done on the ground that the application u/s 80G(5)(iii) of the Act in Form-10AB was not filed within time prescribed. 1.1. However, on the last date of hearing the appellant has filed a letter seeking to withdraw the said appeal. The contents of the letter are as under:

I.T.A. No.: 698/KOL/2024 Assessment Year: N.A. Denjong Charitie. “A. FACTS AT THE TIME OF FILING OF APPEAL The Appellant is constituted as a public charitable trust. The Appellant is registered u/s 12AB of the I.T Act, 1961 having validity from AY 2022-23 to 2026-27. The appellant has provisional approval u/s. 80G having validity for the period from 24-09-2021 to AY 2024-2026. The appellant had filed an application in Form 10AB for getting its provisional approval under section 80G to a regular approval for 5 years u/s. 80G(5)(iii). However, this application was rejected by the CIT (E) vide DIN & Notice No. ITBA/EXM/F/EXM45/2023-24/1061459933(1) on 24/02/2024 on the ground of delay in filing the application in Form 10AB. Being aggrieved the appellant has filed this appeal in terms of Grounds of Appeal on 04/04/2024 and the aforesaid appeal is scheduled for hearing on 27/06/2024 before 'B’ Bench. B. CIRCULAR

7. OF 2024 DT. 25TH APRIL, 2024 As per Point no. 5 of Circular 7 of 2024 dt. 25/04/2024 issued by CBDT has condoned the delay in submitting Form 10A and specifically provided that - “It is also clarified that if any existing trust, institution or fund who had failed to file Form No. 10A for AY 2022-23 within the due date as extended by the CBDT circular no. 6/2023 dated 24.05.2023 and subsequently, applied for provisional registration as a new trust, institution or fund and has received Form No. 10AC, it can avail the option to surrender the said Form No. 10AC and apply for registration for AY 2022-23 as an existing trust, institution or fund in Form No. 10A within the extended time provided in paragraph 3(i) i.e. 30.06.2024.” Hence the ground for which the appeal is preferred has already been addressed by Circular 7 of 2024 dt. 25/04/2024 and the appellant has already received 80G(5)(i) approval for 5 years from AY 2022-23 to AY 2026- 27 in terms of Circular 7 of 2024. PRAYER It is humbly prayed before your honour that the grounds under which the appeal was made under section 246A has already been addressed by circular 7 of 2024 dt. 25/04/2024 and therefore, the appellant prays for withdrawal of the appeal.” 1.2. Considering the request of the appellant, this appeal is allowed to be withdrawn.

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