SRI KODANDA RAMASWAMY TEMPLE TRUST,NIMMALAVALASA vs. CIT (EXMP), HYDARABAD

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ITA 391/HYD/2024Status: DisposedITAT Hyderabad22 May 2024AY 2025-26Bench: SHRI K.NARASIMHA CHARY (Judicial Member), SHRI MADHUSUDAN SAWDIA (Accountant Member)4 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal. The appeal was dismissed as withdrawn in view of the subsequent developments and the request made by the assessee.

What were the facts?

The assessee, Sri Kodanda Ramaswamy Temple Trust, filed an appeal against the rejection of its application for registration under Section 12AB. Subsequently, the assessee requested to withdraw the appeal as a fresh Form 10A was accepted and approved, granting them Form 10AC.

What were the issues?

Whether the appeal filed against the rejection of Form 10AB is maintainable when a fresh application for registration has been accepted and approved.

Which sections of the Income-tax Act were involved?

Section 12AB

AI-generated summary — verify with the full judgment below

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

Before: SHRI K.NARASIMHA CHARY & SHRI MADHUSUDAN SAWDIA

Hearing: 20/05/2024

आदेश / ORDER PER MADHUSUDAN SAWDIA, A.M: This appeal is filed by Sri Kodanda Ramaswamy Temple Trust (“the assessee”), feeling aggrieved by the order passed by the Commissioner of Income Tax (Exemption)-Hyderabad, dated 25/02/2024, rejecting the application filed by the assessee in Form no. 10AB seeking registration u/s 12AB of the Income Tax Act,1961 (‘The Act’).

2.

None appeared on behalf of the assessee before the Tribunal despite service of the notices sent to the assessee. The Registry has placed a record that the notice sent to the assessee was duly served on the assessee and delivered. However, despite service of the notice, the assessee failed to appear before the Tribunal today as such the present matter is being heard in absence of the assessee.

3.

The assessee has filed an application dated 13/05/2024 on 15/05/2024 before the ITAT for withdraw the appeal, which is to the following effect:

1.

“Sub: Request for withdrawal of IT Appeal No: ITA 391/Hyd/2024 filed on 16-04- 2024 - Assessment Year 2025- 26 Ref: Sri Kodanda Ramaswamy Temple Trust, PAN: AAPTS6220F

Honourable Sir, With reference to the matter cited above, it is submitted that we have filed the above Appeal for the AY 2025-26 against the Order of CIT (Exemptions), Hyderabad before the ITAT, Hyderabad Bench for which hearing date was fixed on 19-06- 2024 before the "B" Bench, ITAT, Hyderabad. The Appeal is against the rejection of Form 10AB filed by the Trust by the CIT (Exemptions), Hyderabad and seeking relief from the ITAT based on the grounds of appeal submitted. Subsequent to filing the Appeal on 16-04-2024, the Central Board of Direct Taxes (CBDT) had issued a Circular No. 7/2024 dated 25-04-2024 extending the date for filing of Form 1OA/1OAB till 30-06-2024 in several cases which covered our case also. Based on the extension of time granted by the CBDT as above, we had filed a fresh Form 10A which was since accepted and approved. We were granted Form 10AC dated 07-05-2024 by CPC, Bengaluru. A certified copy of Form 10AC as above is enclosed for your perusal and record. The relief sought by the above Trust by way of appeal to the Honourable ITAT has already been granted by the Income Tax Department, thru CPC, Bengaluru. Under the circumstances, you are requested to accept our request for withdrawal of the above appeal pending before the ITAT. We are intimating the CIT (Exemptions), Hyderabad by forwarding a copy of this letter to his office. Thanking you, Yours Faithfully For Sri Kodanda Ramaswamy Temple Trust Sd/- Adhikarla Sathya Narayana Murthy Trustee”

4.

Learned DR did not raise any objection for withdrawal of the appeal.

5.

In view of the same, we, therefore, permit the assessee to withdraw the appeal, which is hereby stands dismissed as withdrawn.

6.

In the result, appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 22nd day of May, 2024.

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