MARATHWADA ACCELERATOR FOR GROWTH AND INCUBATION COUNCIL,AURANGABAD vs. CIT (EXEMPTION), PUNE

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ITA 698/PUN/2024Status: DisposedITAT Pune05 August 2024AY 2023-24Bench: SHRI S.S. GODARA (Judicial Member), SHRI INTURI RAMA RAO (Accountant Member)4 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The assessee's appeal was dismissed as withdrawn. The withdrawal was permitted because the assessee had obtained a new registration under Section 12A(1)(ac)(i) after a relevant CBDT circular was issued.

What were the facts?

The assessee filed an appeal against the rejection of its application for registration under Section 12AB(1)(b)(ii). Subsequently, the assessee sought to withdraw the appeal.

What were the issues?

Whether the assessee's appeal should be withdrawn due to subsequent obtaining of registration. The primary issue was the procedural aspect of withdrawing an appeal after the underlying cause for appeal was resolved.

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, PUNE BENCH “A”, PUNE

Before: SHRI S.S. GODARA & SHRI INTURI RAMA RAO

For Respondent: Shri Keyur Patel, CIT-DR

This assessee‟s appeal for AY 2023-24 arises against the CIT (Exemption), Pune‟s order dated 17-08-2023 passed in case No.ITBA/ EXM/F/EXM45/2023-24/1055198084(1) involving proceedings under Section 12AB(1)(b)(ii) of the Income Tax Act, 1961, in short „the Act‟.

2.

It emerges at the outset that the assessee has filed its letter dated 11.07.2024 seeking to withdraw the instant appeal as follows: “The appellant has filed appeal before your honor electronically on 06.04.2024 vide Ack. No.1712391008 challenging the Rejection Order dated 17.08.2023 regarding application for registration u/s 12A of the Income Tax Act, 1961. The appellant had a existing registration u/s 12A before 01.04.2021, a provisional registration was filed on 07.08.2021, based on this provisional registration, form 10AB was filed under clause 12A(1)(ac)(ii) on 23.03.2023 which was rejected on 17.08.2023, challenging to which an appeal was filed on 06.04.2024. Subsequently, CBDT issued an circular 07/2024 on 25.04.2024, which allowed filing for fresh application till 30.06.2024, based on the circular the earlier filed provisional registration was surrendered on 24.06.2024 and an application for renewal of the existing 12A registration certificate was filed in form 10A u/s 12A(1)(ac)(i), which was granted to the appellant in form 10AC on 02/07/2024. As the purpose for which appeal was filed before Your Honor is accomplished. The appellant hereby prays to allow withdrawal of the appeal filed on 06/04/2024 vide e-Filing Ackn. No.1712391008.”

3.

The department is fair enough in not opposing to the assessee‟s foregoing withdrawal request. Ordered accordingly.

4.

This assessee‟s appeal is dismissed as withdrawn in foregoing terms.

Order pronounced in the Open Court on 5th August, 2024.

Sd/- Sd/- (INTURI RAMA RAO) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे Pune; ददन ांक Dated : 5th August, 2024 GCVSR आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: अपील र्थी / The Appellant; 1. प्रत्यर्थी / The Respondent; 2. 3. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “A” / DR „A‟, ITAT, Pune 4. गार्ड फाईल / Guard file आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune

Date 1. Draft dictated on 01-08-2024 Sr.PS 2. Draft placed before author 01-08-2024 Sr.PS 3. Draft proposed & placed before the JM second member 4. Draft discussed/approved by Second JM Member. 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.

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