SUKH AMRIT SOCIETY,KHARAR, MOHALI vs. CIT EXEMPTIONS, CHANDIGARH

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ITA 201/CHANDI/2024Status: DisposedITAT Chandigarh13 September 2024AY 2024-25Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial 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 filed a withdrawal application for their appeal. The revenue did not object to the withdrawal. The Tribunal considered the withdrawal application and the subsequent developments.

What were the facts?

The assessee filed an appeal against the order of the CIT(Exemptions) primarily because their application for trust registration under Section 80G(5) was rejected due to technical glitches preventing timely document submission. Subsequently, the CBDT extended the due date for filing the required form, addressing the core issue.

What were the issues?

Whether the appeal needs to be pursued after the issue leading to the rejection of trust registration has been addressed by a subsequent CBDT circular extending the due date.

Which sections of the Income-tax Act were involved?

Section 80G(5)

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. 30/10/2023. 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, Sukh Amrit Society, represented herein by Ms, Jaswinder Kaur, President , hereby submit this petition seeking withdrawal of the Appeal. The details of the appeal are as follows: (1) Appeal No.: IT A 2O1/CHANDI/2024 (ii) Assessment Year: 2024-25 (Hi) Name of Appellant: SUKH AMRIT SOCIETY, KHARAR, MOHALI (iv) Date of Filing ot Appeal: 28.02.2024 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 BOG (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 HI 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 8OG (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 goodself of my full cooperation in completing any formalities or procedures associated with the withdrawal process. Thank you for your goodself 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.

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