DR PANDHIS SMALL IDEAS GREAT IDEAS TRUST,LUDHIANA vs. CIT EXEMPTIONS CHANDIGARH, CHANDIGARH

PDF · subscribers
ITA 193/CHANDI/2024Status: DisposedITAT Chandigarh13 September 2024AY 2024-25Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)2 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The tribunal considered the assessee's withdrawal application and the revenue's no objection. The appeal was dismissed as withdrawn based on the changed circumstances and the assessee's request.

What were the facts?

The assessee filed an appeal against the rejection of its trust registration under Section 80G(5)(iii) due to technical glitches preventing timely filing of documents. Subsequently, a CBDT circular extended the due date for filing Form 10AB, resolving the issue.

What were the issues?

Whether an appeal should be withdrawn when the grounds for appeal have been rendered moot by subsequent administrative action.

Which sections of the Income-tax Act were involved?

Section 80G(5)(iii)

AI-generated summary — verify with the full judgment below

Order PER PARESH M. JOSHI, J.M. : This is an appeal filed by the Assessee against the order of the Ld. CIT(E), Chandigarh dt. 28/12/2023.

2.

During the course of hearing nobody was present on behalf of the assessee, however a withdrawal application has been furnished, contents of which read as under: Subject: Petition for Withdrawal of Appeal Respected Sir/Madam, We, DR. PANDHI'S SMALL IDEAS GREAT IDEAS TRUST, represented herein by Chairman, Sat Bhushan Pandhi hereby submit this petition seeking withdrawal of the Appeal. The details of the appeal are as follows: i Appeal No.: ITA193/CHANDI/2024 ii Assessment Year: 2024-25 iii Name of Appellant: DR. PANDHI'S SMALL IDEAS GREAT IDEAS TRUST, Ludhiana iv Date of Filingof Appeal: 26-02-2024 We wish to withdraw the aforementioned appeal, which was primarily based on the grounds that the registration of Trust under clause (iii) of the first proviso of section 80G (5) of the Income Tax Act, 1961, was rejected due to the inability to file the required documents before the due date, owing to technical glitches in the Income Tax Website. However, subsequent to the filing of the appeal and during the pendency of proceedings before the esteemed Tribunal, the Central Board of Direct Taxes (CBDT) issued Circular No. 7/2024 dated 25.04.2024. This circular extended the due date up to 30.06.2024 for filing Form 10AB for registration of Trust under clause (iii) of the first proviso of section 80G (5) of the Income Tax Act, 1961. The issuance of this circular effectively addresses the primary grounds on which the appeal was based. In light of this significant development and the subsequent rectification of the issue that led to the rejection of registration, we have reassessed the necessity of pursuing the appeal before the ITAT. Therefore, we respectfully request the Honorable Tribunal to consider this petition, for withdrawal of appeal and grant the necessary approval at the earliest convenience. We assure your good-self of my full cooperation in completing any formalities or procedures associated with the withdrawal process. Thank you for your good-self attention to this matter.

3.

Ld. DR did not object if the appeal of the assessee is dismissed as withdrawn.

4.

In view of the above, the appeal of the assessee is dismissed as withdrawn.

More judgments on Section 80G(5)(iii)

All 687 judgments and leading authorities on Section 80G(5)(iii) →

Recent GST High Court judgments

Search GST case law →