BELAMBE FOUNDATION,PUNE vs. COMMISSIONER OF INCOME TAX (EXEMPTION), PUNE, PUNE

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ITA 61/PUN/2024Status: DisposedITAT Pune09 May 2024Bench: SHRI S.S.GODARA (Judicial Member), SHRI INTURI RAMA RAO (Accountant Member)3 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeals. This was based on a recent CBDT circular allowing fresh applications and the assessee's request to save judicial time.

What were the facts?

The assessee filed appeals against the denial of registration u/s.12AB and approval u/s.80G. The denial was based on the application being filed in an incorrect clause/section code.

What were the issues?

Whether the appeals should be dismissed as withdrawn based on the assessee's request and a subsequent CBDT circular.

Which sections of the Income-tax Act were involved?

Section 12AB,Section 80G

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 Appellant: Shri Sarvesh Khandelwal
For Respondent: Shri Keyur Patel
Hearing: 09.05.2024Pronounced: 09.05.2024

PER INTURI RAMA RAO, AM:

1.

These two appeals filed by the assessee are directed against the separate orders of ld. Commissioner of Income Tax, Exemption, Pune [the CIT, Exemption] dated 18.01.2024 & 01.01.2024 denying registration u/s.12AB and approval u/s.80G of the Income Tax Act, 1961 (‘the Act’).

2.

When the matter had come up for hearing, the appellant filed letter dated 03.05.2024 seeking permission to withdraw the above appeals. The relevant contents of the said letter are as under :-

“Above mentioned both the appeals have been fixed for hearing on 09/05/2024. In this regard we humbly and most respectfully submit that the issue involved in Appeal was that the Ld. CIT(E) has rejected the application of registration u/s 12AB and BOG merely on the ground that application was filed in incorrect clause/section code. Recently, the Central Board of Direct Taxes has issued a circular (no.7/2024 dt. 25/04/2024), which mitigates this issue and has allowed the Trusts to freshly file application in Form 10AB on or before 30/06/2024. (Circular is enclosed herewith). Accordingly, we are hopeful that Ld. CIT(E) will entertain our fresh application which would serve the purpose of preferring present appeal before your Honours. In view of above and with an intention to save judiciary’s time, we humbly and most respectfully request Your Honours to kindly allow us to withdraw the appeals and also crave leave to apply for restoration of the appeals in case the expected redressal is not made available.”

3.

On the other hand, the ld. Department Representative has no serious objection to permit withdrawal of the appeals.

4.

In the circumstances, we are inclined to grant permission to the appellant to withdraw the appeals. Accordingly, the above captioned appeals stand dismissed as withdrawn.

5.

In the result, the appeals filed by the assessee are dismissed as withdrawn.

Order pronounced on this 09th day of May, 2024.

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