Roop V K Jain Foundation, Nuh V. CIT (Exemptions), Chandigarh

ITA 1076/DEL/2023

AI Insights

The case involves the Roop V K Jain Foundation, which appealed against the order of the Commissioner of Income Tax (Exemptions), Chandigarh, concerning the assessment year 2022-23. The primary issue was the registration under section 12AA of the Income Tax Act. The ITAT had previously directed the CIT (Exemptions) to grant this registration in a related appeal. During the proceedings, the assessee's counsel indicated that they did not wish to press the current appeal, referencing the tribunal's earlier decision. The CIT-DR did not object to this withdrawal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113128 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 04-09-2023
• Assessment Year: 2022-2023
• Appeal Filed On: 12-04-2023
• Other Referred Cases: ITA No. 297/Del/2021
• Laws Referred To: Section 12AA of the Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ATREY G C
• Section: 12AA

Judgement Text

I.T.A. No. 1076/Del/2023 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F” NEW DELHI BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND SHRI M BALAGANESH, ACCOUNTANT MEMBER आ .अ.स ं /.I.T.A No.1076/Del/2023 /Assessment Year:2022-23 Roop V K Jain Foundation, Plot No. 19, Roz Ka Meo Industrial Area, Mewat, Nuh, Haryana. ब म Vs. CIT (Exemptions) Room No.1, 5 th Floor, C.R. Bldg., Chandigarh, PAN No. AADTR5230N अ Appellant /Respondent Assessee by Shri Atrey G C, Advocate Revenue by Shri Mukesh Kumar Jha, CIT DR स ु नवाईक तारीख/ Date of hearing: 05.09.2023 उ ोषणाक तारीख/Pronouncement on 05.09.2023 आदेश /O R D E R PER C.M. GARG, J.M. This appeal has been filed by the Assessee against the order of Commissioner of Income Tax (Exemptions), Chandigarh dated 16.03.2023 for the AY 2022-23. 2. The Ld. Counsel of assessee submitted copy of order of ITAT ‘Delhi’ Bench dated 14.07.2023 in assessee’s own appeal i.e. ITA No. 297/Del/2021 and submitted that the Tribunal has directed the I.T.A. No. 1076/Del/2023 2 Ld.CIT(E) to grant registration u/s 12AA of the Act to the appellant. Therefore, the assessee does not want to press the extent appeal. 3. The Ld. CIT-DR did not object to the prayer of the Ld. Counsel of assessee. 4. On careful consideration of submissions from the order of the Tribunal dated 12.07.2023 (supra), we observe that the Ld. CIT(E) has been directed to grant registration u/s 12AA of the Act to the assessee after considering the totality of facts and circumstances. The Ld. CIT-DR has also agreed to the said factual position and directions of the Tribunal given in the said order. 5. In view of the above, the assessee is allowed to withdraw its appeal with a liberty to file it again, if it is found necessary in the future time. 6. In the result, the appeal of the assessee is dismissed as withdrawn with the liberty as directed above. Order pronounced in the open court on 05.09.2023 Sd/- Sd/- (M BALAGANESH) (C.M. GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 05.09.2023 *Kavita Arora, Sr. P.S. I.T.A. No. 1076/Del/2023 3 Copy of order sent to- Assessee/AO/Pr. CIT/ CIT (A)/ ITAT (DR)/Guard file of ITAT. By order Assistant Registrar, ITAT: Delhi Benches-Delhi