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Income Tax Appellate Tribunal, INDORE BENCH, INDORE
This appeal by the assessee is directed against the order dated 09.01.2023 of Commissioner of Income Tax(Exemption), Bhopal passed u/s 12AA of the Act. The CIT(E) has declined to grant registration u/s 12A of the Act on the technical reason that the application filed by the assesse is not under the correct clause of section 12A of the Act.
At the time of hearing the ld. AR of the assesse has submitted that after the impugned order was passed the assesse has realized that the said application was inadvertently filed by the assesse for fresh registration whereas the assesse was already granted registration u/s 12AA vide order dated 02.02.2021 and therefore, as per the new provisions for registration as per section 12AB of the Act the assesse is required to file the application for renewal of registration already granted u/s 12AA of the Act. The return of income filed by the assesse for A.Y.2022-23 is processed by the CPC at nil demand after considering the fact that the assesse was already granted registration u/s 12AA of the Act. Accordingly the Ld. AR has submitted that the assessee does not want to pursue the present appeal and seeks permission to withdraw the present appeal. An application in this respect is also filed on 7th July 2023 which is available on record.
On the other hand, ld. DR has no objection if present appeal of the assesse is dismissed as withdrawn. In view of the above facts as explained by the Ld. AR of the assesse the assesse is allowed to withdraw the present appeal and consequently the appeal of the assesse is dismissed being withdrawn.
In the result, appeal filed by the assessee is dismissed as withdrawn.
Order in pronounced in Open Court on conclusion of hearing on 11/ 07/2023