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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:
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.