AARTI SAIBABA RACHANAKAR, SHRI MADHAVRAO ADKAR PRATISTHAN,PUNE vs. CIT (EXEMPTION), PUNE, PUNE
What did the Tribunal hold?
The Tribunal allowed the assessee to withdraw its appeal. The appeal was subsequently dismissed as withdrawn.
What were the facts?
The assessee's appeal was against the rejection of its application for renewal of registration under Section 80G of the Income Tax Act. The assessee had surrendered its provisional registration and subsequently filed a new application for approval.
What were the issues?
The primary issue was the rejection of the assessee's application for renewal of registration under Section 80G due to the surrender of its provisional registration. The assessee sought to withdraw the appeal to pursue other remedies.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, A BENCH, PUNE
Before: SHRI SATBEER SINGH GODARA & DR. DIPAK P. RIPOTE
आदेश / ORDER
PER DR. DIPAK P. RIPOTE, AM:
This is an appeal filed by the Assessee against the order of Ld. Commissioner of Income Tax (Exemptions) dated 20/03/2024 rejecting Assessee’s Application u/s 80 G of the Income Tax Act.
2) The Ld. authorized Representative CA Abhay Avachat whose power of attorney is on record, filed a letter dated 03/10/2024 requesting to withdraw the appeal filed before ITAT. The letter of the Ld. AR is as under:- Quote “PAN-AAATA7659K Sub. - Withdrawal of appeal 1. In the captioned this refers to the hearing of assessee's appeal
One of the reasons cited by the CIT E is that the assessee has surrendered its provisional registration dated 24/09/2021 on 23/09/2023. Thereafter it did not obtain new provisional registration. The provisions of clause (iii) of first proviso to section 80G(5) of the Act are applicable to a trust/institution which is provisionally approved under section 80G(5)(vi) of the Act. Due to voluntary surrender of provisional approval, it did not have valid registration while applying for renewal u/s 80G(5)(iii). This vitiated the pre-condition of renewal process u/s 80G. Thus the Ld. CIT rejected our application u/s 80G(5).
The assessee pleaded that surrender of provisional approval was an inadvertent act.
However, it is informed by the assessee that it is exploring other / additional remedies available to it under the requisite provisions of the income tax law as applicable with respect to approval. In meantime, at end of June 2024, it has filed another application for approval u/s 80G(5)(iii) before the CIT E.
It is also assessing other legal remedies available at its disposal and will revisit the governing provisions.
In view of the foregoing submission, kindly allow the asssessee trust to withdraw the captioned appeal filed before your honour with immediate effect. Thanking You, Kindly acknowledge, For Aarti Saibaba Rachanakar Shri Madhavrao Adkar Pratisthan CA Abhay Avachat, AR Pune, October 3, 2024 Appellant” Unquote 3) Ld. DR had not objected for the withdrawal of appeal. 4) In these facts and circumstances of the case, we allow assessee to withdraw the appeal.
5) Accordingly appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open Court on 14th October, 2024 Sd/- Sd/- (SATBEER SINGH GODARA) (DR. DIPAK P. RIPOTE) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे/Pune : /Dated : 14th October, 2024 आदेश की प्रधिधलधप अगरेधषि/Copy of the Order forwarded to: अपीलार्थी/The Appellant. 1. प्रत्यर्थी/The Respondent 2.
3. The CIT(A), concerned.
More judgments on Section 80G
- Savan Dayalal Ladani, Rajkot vs Assistant Commissioner of Income Tax-2(1)…ITA 575/RJT/2026[2019-20]Status: Disposed19 Oct 2026AY 2019-20
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- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 777/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 776/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
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