IIT KANPUR DEVELOPMENT FOUNDATION,KANPUR vs. COMMISSIONER OF INCOME TAX EXEMPTION, LUCKNOW
What did the Tribunal hold?
The Tribunal permitted the assessee to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal against the rejection of its application for registration under section 12AB. Subsequently, the assessee obtained the registration from the CIT(Exemption) in a fresh application. Therefore, the assessee sought to withdraw the pending appeal.
What were the issues?
Whether the appeal filed against the rejection of registration under section 12AB can be withdrawn when fresh registration has been granted.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, LUCKNOW BENCH “B”, LUCKNOW
Before: SHRI. SUDHANSHU SRIVASTAVA & SHRI NIKHIL CHOUDHARY
This appeal has been preferred by the assessee against order dated 30.03.2023 passed by the Commissioner of Income Tax (Exemption) in Form No.10AD, rejecting the application of the assessee for registration under section 12AB of the Income Tax Act, 1961.
The assessee sought the permission of the Bench to withdraw the appeal by moving an application dated 29.07.2024, stating as under:
“29.07.2024
From: IIT KANPUR DEVELOPMENT FOUNDATION, IIT KANPUR, KALYANPUR, KANPUR.
TO: THE HON'BLE INCOME TAX APPELLATE TRIBUNAL, BENCH 'B' LUCKNOW. Sub: APPLICATION FOR GRANT OF PERMISSION OF WITHDRAWING APPEAL IN THE MATTER IIT KANPUR DEVELOPMENT FOUNDATION Appeal No. ITA 151/LKW/2023 PAN AAFCI7602E
Respected Sir, Most respectfully the Appellant beg to submit as under: The Appellant is a Section 8 Company, and had applied for grant of Permanent registration u/s 12AB of Income Tax Act before the learned CIT (Exemption) Lucknow and the learned CIR (Exemption) Lucknow had passed an order rejecting grant of registration u/s 12AB of Income Tax Act vide his Order on Form 10AD dated 31.03.2023. Against the above order the Appellant has preferred an Appeal before Your honour bearing Appeal No. Appeal No. ITA 151/LKW/2023, which is fixed for hearing on 31 July 2024. In this connection the Appellant beg to submit that that Appellant had filed another Application before the learned CIT (Exemption) Lucknow on Form 10AB for grant of registration u/s 12AB of the Income Tax Act and the learned CIT (Exemption) Lucknw has very kindly granted the registration u/s 12AB of the Income Tax Act vide his Order on Form 10AD dated 28.05.2024 bearing DIN ITBA/EXM/F/EXM44/2024-25/1065181881(1). The copy of above Order is being attached herewith for your information and record. In view of this fact that the relief claimed in the Appeal before your honour has already been allowed by the learned CIT (Exemption, the Appellant does not want to press the grounds of Appeal further and therefore request your honour to kindly grant the permission to withdraw the above Appeal.
In the light of above stated facts and in the circumstances it is prayed to your honour to kindly grant your permission for withdrawal of above Appeal and oblige. For IIT KANPUR DEVELOPMENT FOUNDATION Sd/- (DIRECTOR) APPELLANT Enclosure: Copy of Order on Form 10AD dated 24.05.2024 of CIT (Exemption) Lucknow granting registration u/s 12AB of Income Tax Act.”
Learned D.R. has no objection.
Accordingly, we permit the assessee to withdraw the present appeal.
In the result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open Court on 30/09/2024.
More judgments on Section 12AB
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Sheo Narayan Trust, Khajpura vs CIT Exemption, PatnaITA 554/PAT/2026[2025-2026]Status: Disposed16 Oct 2026AY 2025-2026
- Ss Early Learning Society, Hyderabad vs CIT (Exemption), HyderabadITA 1208/HYD/2025[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 592/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 591/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
Recent GST High Court judgments
Search GST case law →- Prashanti Das (M/S. Panchamukhi Enterprises) vs. Assistant Commissioner Of State Tax, CT And GST, Jagatsinghpur CircleOrissa · 16 Oct 2026
- M/S Utkal Highways, Bidanasi vs. Union Of INDIAOrissa · 16 Oct 2026
- Pradeep Kumar Behera vs. Superintendent CGST And Central Excise., CuttackOrissa · 16 Oct 2026
- Manas Behera vs. Commissioner, CT And GST Odisha, CuttackOrissa · 16 Oct 2026
- Pramod Kumar Nayak vs. Superintendent, CGST And Central Excise, KendraparaOrissa · 16 Oct 2026