AARTI SAIBABA RACHANAKAR, SHRI MADHAVRAO ADKAR PRATISTHAN,PUNE V. CIT (EXEMPTION), PUNE, PUNE

ITA 1242/PUN/2024

AI Insights

The case involves an appeal by Aarti Saibaba Rachanakar against the rejection of their application for renewal of registration under section 80G of the Income Tax Act by the Commissioner of Income Tax (Exemptions). The primary issue was the rejection based on the assessee's voluntary surrender of provisional registration, which was deemed to have vitiated the pre-condition for renewal. The assessee, represented by CA Abhay Avachat, later decided to withdraw the appeal, exploring other remedies and reapplying for approval under the same section. The tribunal, upon receiving the withdrawal request and noting the absence of objections from the revenue, allowed the withdrawal and dismissed the appeal.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 28863 (ITAT-PUNE)
• Duration Of Justice: 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 03-10-2024
• Assessment Year: 2024-2025
• Appeal Filed On: 29-05-2024
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AMOL KHAIRNAR
• Assessee Lawyers: ABHAY AVACHAT

Judgement Text

" आयकर अपीलीय अधिकरण \" A\" न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL \"A\" BENCH, PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.1242/PUN/2024 धििाारण वषा / Assessment Year: NA Aarti Saibaba Rachanakar, Shri Madhavrao Adkar Pratisthan, 966 – B Shanta Co-Op HSG Society, Gokhalenagar Road, Pune – 411 016 PAN NO. AAATA7659K Vs CIT-(Exemption), Pune Appellant/Assessee Respondent/Revenue Assessee by Shri Abhay Avachat - AR Revenue by Shri Amol Khairnar, CIT- DR Date of hearing 03/10/2024 Date of Pronouncement 14/10/2024 आदेश / ORDER PER DR. DIPAK P. RIPOTE, AM: This is an appeal filed by the Assessee against the order of Ld. Commissioner of Income Tax (Exemptions) dated 20/03/2024 rejecting Assessee’s Application u/s 80 G of the Income Tax Act. 2) The Ld. authorized Representative CA Abhay Avachat whose power of attorney is on record, filed a letter dated 03/10/2024 requesting to withdraw the appeal filed before ITAT. The letter of the Ld. AR is as under:- Quote “PAN-AAATA7659K Sub. - Withdrawal of appeal 1. In the captioned this refers to the hearing of assessee's appeal ITA No.1242/PUN/2024 A.Y. NA scheduled on 3rd Oct 2024. The issue in appeal in the rejection of assessee's application for renewal of registration u/s 80G(5)(iii). 2. One of the reasons cited by the CIT E is that the assessee has surrendered its provisional registration dated 24/09/2021 on 23/09/2023. Thereafter it did not obtain new provisional registration. The provisions of clause (iii) of first proviso to section 80G(5) of the Act are applicable to a trust/institution which is provisionally approved under section 80G(5)(vi) of the Act. Due to voluntary surrender of provisional approval, it did not have valid registration while applying for renewal u/s 80G(5)(iii). This vitiated the pre-condition of renewal process u/s 80G. Thus the Ld. CIT rejected our application u/s 80G(5). 3. The assessee pleaded that surrender of provisional approval was an inadvertent act. 4. However, it is informed by the assessee that it is exploring other / additional remedies available to it under the requisite provisions of the income tax law as applicable with respect to approval. In meantime, at end of June 2024, it has filed another application for approval u/s 80G(5)(iii) before the CIT E. 5. It is also assessing other legal remedies available at its disposal and will revisit the governing provisions. 6. In view of the foregoing submission, kindly allow the asssessee trust to withdraw the captioned appeal filed before your honour with immediate effect. Thanking You, Kindly acknowledge, For Aarti Saibaba Rachanakar Shri Madhavrao Adkar Pratisthan CA Abhay Avachat, AR Pune, October 3, 2024 Appellant” Unquote 2 ITA No.1242/PUN/2024 A.Y. NA 3) Ld. DR had not objected for the withdrawal of appeal. 4) In these facts and circumstances of the case, we allow assessee to withdraw the appeal. 5) Accordingly appeal of the assessee is dismissed as withdrawn. Order pronounced in the open Court on 14th October, 2024 Sd/- Sd/- (SATBEER SINGH GODARA) (DR. DIPAK P. RIPOTE) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे/Pune : /Dated : 14th October, 2024 आदेश की प्रधिधलधप अगरेधषि /Copy of the Order forwarded to: 1. अपीलार्थी/The Appellant. 2. प्रत्यर्थी/The Respondent 3. The CIT(A), concerned. 4. The Pr. CIT, concerned 5. धवभागीय प्रधिधिधि, आयकर अपीलीय अधिकरण, “एस एम सी” बेंच, पुणे/DR, ITAT, “SMC” Bench, Pune. 6. गार्ा फाइल/Guard File. आदेशािुसार/BY ORDER, //TRUE COPY// Senior Private Secretary आयकर अपीलीय अधिकरण /ITAT, Pune. ` 3 "