SRI RAMA SWAMY VARI DEVASTHANAM,VIZIANAGARAM vs. COMMISSIONER OF INCOME TAX(EXEMPTIONS), HYDERABAD
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Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM
Before: SHRI DUVVURU RL REDDY, HON’BLE & SHRI S BALAKRISHNAN, HON’BLE
PER DUVVURU RL REDDY, Judicial Member :
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/EXM45/2023-24/1055314319(1), dated 22/08/2023 passed for the AY 2023-24. 2. At the very outset, the Learned Authorized Representative [“Ld. AR”] submitted that the Ld. CIT(Exemptions), Hyderabad
2 vide order dated 22/08/2023 rejected the assessee’s application 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 18/06/2024. Therefore, the Ld. AR submitted that the since the core issue raised in the assessee’s appeal for the AY: 2023-24 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.
On the other hand Learned Departmental Representative [“Ld. DR”] did not raise any major objections to the submissions of the Ld. AR.
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.
3 Principal Commissioner of Income Tax / Commissioner of Income Tax (Exemptions), dated 18/06/2024 we find that the assessee has been granted registration U/s. 12A of the Act with retrospective effect ie., 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: 2023-24 has already been resolved in favour of the assessee by the orders of the Ld. Revenue Authorities dated 18/06/2024 (supra). Accordingly, we hereby dismiss the appeal of the assessee as not pressed.
In the result, appeal of the assessee is dismissed.
Pronounced in the open Court on 26th September, 2024.
Sd/- Sd/- (एस बालाकृ�न) (दु�ू� आर.एल रे�ी) (S.BALAKRISHNAN) (DUVVURU RL REDDY) लेखा सद�/ACCOUNTANT MEMBER �ाियकसद�/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 Rama Swamy Temple, Ramatheertham, Vizianagaram District, Andhra Pradesh.
4 2. राज�/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), 5. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, िवशाखापटणम/ DR, ITAT, Visakhapatnam 6.गाड� फ़ाईल / Guard file आदेशानुसार / BY ORDER
Sr. Private Secretary ITAT, Visakhapatnam
