SRI PYDI THALLI AMMAVARI TEMPLE,VIZIANAGARAM vs. COMMISSIONER OF INCOME TAX(EXEMPTION), HYDERABAD

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ITA 314/VIZ/2023Status: DisposedITAT Visakhapatnam26 September 2024AY 2022-23Bench: SHRI DUVVURU RL REDDY, HON’BLE (Judicial Member), SHRI S BALAKRISHNAN, HON’BLE (Accountant Member)4 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the core issue of the appeal, which was the rejection of registration, had been resolved in favor of the assessee. Therefore, the appeal was dismissed as not pressed.

What were the facts?

The assessee's application for registration under Section 12AB was initially rejected by the CIT(Exemptions). However, subsequently, the assessee was granted registration under Section 12A for AY 2022-23 to AY 2026-27.

What were the issues?

Whether the appeal against the rejection of registration under Section 12AB is maintainable when registration under Section 12A has subsequently been granted.

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, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI DUVVURU RL REDDY, HON’BLE & SHRI S BALAKRISHNAN, HON’BLE

Hearing: 23/09/2024

PER DUVVURU RL REDDY, Judicial Member :

1.

This appeal filed by the assessee is against the order of the Learned Commissioner of Income Tax (Exemptions), Hyderabad in DIN & Notice No ITBA/EXM/F/EXM45/2023-24/1053198100(1), dated 26/05/2023 passed for the AY 2022-23.

2.

At the very outset, the Learned Authorized Representative [“Ld. AR”] submitted that the Ld. CIT (Exemptions), Hyderabad vide order dated 26/05/2023 rejected the assessee’s application

2 filed in Form No. 10AB seeking registration U/s. 12AB of the Act by holding that the application is non-maintainable. Therefore, the assessee preferred an appeal before the Tribunal against the said order of the Ld. CIT (Exemptions). However, in the meantime, the Ld. Pr. CIT / CIT(Exemptions), Hyderabad after considering the submissions of the assessee as well as the material available on record, granted registration to the assessee U/s. 12A of the Act w.e.f the AY 2022-23 to AY 2026-27 and also issued Form No. 10AC, dated 05/06/2024. Therefore, the Ld. AR submitted that the since the core issue raised in the assessee’s appeal for the AY: 2022-23 has already been resolved in favour of the assessee, the assessee is not interested to press the appeal and hence he prayed that the Hon’ble Bench may pass the orders as deemed fit.

3. On the other hand Learned Departmental Representative [“Ld. DR”] did not raise any major objections to the submissions of the Ld. AR.

4.

We have heard both the sides and perused the orders of the Ld. Revenue Authorities as well as the material available on record. On careful perusal of the order passed by the Ld. Principal Commissioner of Income Tax / Commissioner of Income

3 Tax (Exemptions), dated 05/06/2024 we find that the assessee has been granted registration U/s. 12A of the Act with effect from the AY: 2022-23 to AY 2026-27. Therefore, considering the facts and circumstances of the case, we deem it fit to dismiss the appeal of the assessee because the core issue involved in the assessee’s appeal for the AY: 2022-23 has already been resolved in favour of the assessee by the orders of the Ld. Revenue Authorities dated 05/06/2024 (supra). Accordingly, we hereby dismiss the appeal of the assessee as not pressed.

5.

In the result, appeal of the assessee is dismissed.

Pronounced in the open Court On 26th September, 2024. Sd/- Sd/- (एस बालाकृ�णन) (दु�वू� आर.एल रे�ी) (S.BALAKRISHNAN) (DUVVURU RL REDDY) लेखा सद�य/ACCOUNTANT MEMBER �याियकसद�य/JUDICIAL MEMBER Dated :26/09/2024 OKK - SPS आदेश की �ितिलिप अ�ेिषत /Copy of the order forwarded to:- 1. िनधा�रती/ The Assessee – Sri Pydi Thalli Ammavari Temple, Vizianagaram. 2. राज�व/The Revenue – Commissioner of Income Tax (Exemptions), Hyderabad.

3.

The Principal Commissioner of Income Tax, 4.आयकर आयु� (अपील)/ The Commissioner of Income Tax (Appeals),

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