ASMITA EDUCATION AND HEALTHCARE FOUNDATION,THANE vs. CIT EXEMPTION, PUNE
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal allowed the assessee to withdraw the appeal. This was permitted because the assessee is assessed in Thane, which is under the jurisdiction of the Mumbai Bench, and a similar issue had been remanded by the Mumbai Bench.
What were the facts?
The assessee filed an appeal before the ITAT, Pune Bench, challenging a decision related to Section 80G(5) of the Income Tax Act. The assessee's registered office is in Thane, which falls outside the territorial jurisdiction of the Pune Bench.
What were the issues?
The primary issue was the territorial jurisdiction of the ITAT Bench. The assessee sought to withdraw the appeal to refile it before the appropriate bench in Mumbai.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE “A” BENCH : PUNE
Before: SHRI SATBEER SINGH GODARA & SHRI INTURI RAMA RAO
PER SATBEER SINGH GODARA, J.M. :
This assessee’s appeal, arises against the CIT- (Exemptions), Pune, Pune's Din and Notice No.ITBA/EXM/F/ EXM45/2023-24/1054043505(1), dated 29.06.2023, in proceedings u/s.80G(5) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties. Case file perused.
It emerges at the outset that this tribunal’s office noting dated 12.03.2024 had sought to ascertain the issue of territorial jurisdiction of ITAT bench(es) at Pune. Learned CIT- DR at this stage took us to the said noting wherein it is 2 ITA.No.947/PUN./2023 evident that the learned coordinate bench at Mumbai has already dealt with the assessee’s appeal dealing with the issue of sec.12AB registration and remanded the same back to the CIT(E). Faced with the situation, learned counsel sought to withdraw the assessee’s instant appeal in light of the tribunal’s Standing Order no.1/1987 dated 17.07.1987 notifying the territorial jurisdiction of various benches in tribunal; as the assessee is assessed at Thane, not within the jurisdiction of ITAT, Pune bench(es), with liberty to be instituted afresh before the appropriate bench at Mumbai. The Revenue is fair enough in not objecting the assessee’s foregoing plea of withdrawal of appeal. Ordered accordingly.
This assessee’s appeal is dismissed as withdrawn in above terms.
Order pronounced in the open Court on 08.05.2024.
More judgments on Section 80G(5)
- Nikunj Mahendrabhai Adani, Ahmedabad vs The ITO, Ward-1(3)(1), AhmedabadITA 2026/AHD/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 592/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 591/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
- The Divine Life Society, Jaipur vs Exemption Ward 1, JaipurITA 1491/JPR/2026[2025-26]Status: Disposed14 Oct 2026AY 2025-26
- The Divine Life Society, Jaipur vs Exemption Ward 1, JaipurITA 1484/JPR/2026[2025-26]Status: Disposed14 Oct 2026AY 2025-26
Recent GST High Court judgments
Search GST case law →- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- M/S. Rohit Medical Systems vs. Commissioner Of Delhi Goods And Services Tax And Anr.Delhi · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- Shivam Kumar vs. The State Of BiharPatna · 28 Oct 2026
- M/S Rajkalpana Travels PVT. LTD. vs. Commissioner CGST, Delhi North CommissionerateDelhi · 28 Oct 2026