INAIL FOUNDATION,KHANDWA vs. THE CIT ( EXEMPTION), KHANDWA

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ITA 75/IND/2023Status: HeardITAT Indore11 July 2023AY 2022-23Bench: SHRI VIJAY PAL RAO (Judicial Member), SHRI B.M. BIYANI (Accountant Member)2 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 assessee sought to withdraw the appeal as they had inadvertently filed for fresh registration instead of renewal. The Revenue had no objection to the withdrawal.

What were the facts?

The assessee filed an application for fresh registration under section 12A, but the CIT(E) declined it on a technical ground. The assessee later realized they already had registration under section 12AA and needed to apply for renewal under section 12AB.

What were the issues?

Whether the assessee's appeal against the denial of registration should be dismissed as withdrawn due to a procedural error in filing the application.

Which sections of the Income-tax Act were involved?

Section 12A,Section 12AA,Section 12AB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

For Appellant: Ms. Nisha Lahoti & Vijay Bansal
For Respondent: Shri P.K. Mishra, CIT-DR
Hearing: 11.07.2023Pronounced: 11.07.2023

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.

2.

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.

3.

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.

4.

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

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