RH EDUCATIONAL AND WELFARE SOCIETY,YAKUTPURA, HYDERABAD vs. COMMISIONER OF INCOME TAX (EXEMPTIONS), HYDERABD

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ITA 504/HYD/2024Status: DisposedITAT Hyderabad03 September 2024Bench: SHRI LALIET KUMAR, HON’BLE (Judicial Member), SHRI G. MANJUNATHA, HON’BLE (Accountant Member)4 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal. This was based on the assessee's submission that it had reapplied for registration and recognition and obtained them, rendering the current appeal infructuous.

What were the facts?

The assessee, an educational and welfare society, applied for registration under Section 12AB. Despite being issued notices and show-cause letters, the assessee failed to furnish complete information, leading to the rejection of its application. The assessee then filed an appeal against this rejection.

What were the issues?

The primary issue was the rejection of the assessee's application for registration under Section 12AB due to non-compliance. The appeal was subsequently withdrawn by the assessee.

Which sections of the Income-tax Act were involved?

Section 12A(1)(ac)(iii),Section 12AB,Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCHES “A” , HYDERABAD

For Respondent: Smt. TH Vijaya Lakshmi, CIT-DR
Hearing: 03.09.2024Pronounced: 03.09.2024

O R D E R PER LALIET KUMAR, J.M.

This appeal is filed by the assessee, feeling aggrieved by the order passed by the Commissioner of Income Tax (Exemptions), dated 13.03.2024.

2.

Facts of the case, in brief, are that assessee being the educational and welfare society was issued a notice dated 29-10- 2023 in respect of proceedings u/s 12A(1)(ac)(iii) mentioned in Form 10AB, to produce the copy of Memorandum of Association/ Trust deed for verification and to furnish a detailed reply on the specific information called for in the said notice. However, the assessee has submitted partial information, and it was observed that the CPC has issued Form No.10AC on 25-06-2022 for registration u/s 12AB valid from 2022-23 to 2024-25. In this regard a show cause letter dt.21-02-2024 was issued to assessee to submit the other information required for grant of registration u/s 12AB. As the assessee has not furnished any information or documentary evidence, the application filed by the assessee in Form No.10AB seeking registration u/s 12AB was rejected as non- maintainable.

3.

Feeling aggrieved by the order passed by the learned CIT (Exemption), assessee is now in appeal before us.

4.

When the matter is called upon, none appeared on behalf of the assessee. However, the assessee filed a petition to withdraw the appeal submitting that it once again applied for registration u/s 12AB and Recognition u/s 80G in view of extension of date for obtainment of Permanent Registration u/s 12AB of the Act and Registration u/s 80G of the Act upto 30.06.2024 vide Circular No.7/2024 dt.25.04.2024 issued by the Central Board of Direct Taxes and consequently, obtained Registration and Recognition and hence, requested to withdraw the present appeal.

5.

Per contra, ld.DR reported no objection for withdrawal of appeal by the assessee.

6.

We have heard the ld.DR and perused the material on record. In view of assessee’s application seeking withdrawal of the appeal and no objection from ld.DR, the request of the assessee seeking withdrawal of the appeal is allowed and the appeal is dismissed as withdrawn.

7.

In the result, the appeal of the assessee is dismissed.

Order pronounced in the Open Court on 3rd September, 2024.

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