ASSISTIVE KIDS GURU CHARITABLE TRUST,AHMEDABAD vs. COMMISSIONER OF INCOME TAX,EXEMPTION,AHMEDABAD, AHMEDABAD
What did the Tribunal hold?
The Tribunal allowed the assessee to withdraw the appeal as it had become infructuous. The appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal against the rejection of its application for approval under Section 80G(5). The assessee subsequently filed a fresh application in Form No. 10AB due to an extended time period granted by CBDT.
What were the issues?
Whether the appeal is infructuous due to the filing of a fresh application and if withdrawal should be permitted.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AHMEDABAD “DIVISION BENCH-A”
Before: Shri Ramit Kochar & Shri T R Senthil Kumar
Date of hearing : 24-07-2024 Date of pronouncement : 24-07-2024 आदेश/ORDER A.Y. NA Page No. 2 Assistive Kids Guru Charitable Trust
This appeal in Income Tax Appellate Tribunal, Ahmedabad Division Bench, Ahmedabad has arisen from the order dated 22-02-2024 passed by ld. CIT(Exemption),Ahmedabad(DIN & Notice No. ITBA/EXM/F/ EXM45/2023-24/106132618(1)) rejecting an application (Application No. CIT(Exemption), Ahmedabad/ 2023- 24/12AA/13763) filed by the assessee in Form No. 10AB for grant of approval under the provisions of Section 80G(5) of the Income-tax Act,1961.
When this appeal came up for hearing before Division Bench today, the ld. Counsel for the assessee as the outset stated that the assessee wants to withdraw this appeal , as the assessee has already filed an fresh application in Form No. 10AB vide acknowledgment number 248146590280524 on 28.05.2024 with department under an extended time period granted by CBDT, vide Circular No. 7/2024 , dated 25.04.2024, and hence this appeal has become infructuous , and prayers were made by ld. Counsel for the assessee to allow withdrawal of this appeal. The ld. CIT-DR has no objection if this appeal is allowed to be withdrawn by ITAT , as being infructuous as contended by ld. Counsel for the assessee. After hearing both the parties, we allow the assessee to withdraw this appeal in as being A.Y. NA Page No. 3 Assistive Kids Guru Charitable Trust infructuous in view of CBDT Circular No. 7/2024 dated 25.04.2024. Thus , in the result, this appeal stood dismissed as indicated above. We order accordingly.
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