Aanand Kendra Vivekanand Needam, Gwalior V. CIT, Gwalior

ITA 387/AGR/2009

• Counselvise Citation: [2011] 135 COUNSELVISE.COM (IT) 2473 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 5 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 17-03-2011
• Assessment Year: 2010-2011
• Appeal Filed On: 18-09-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 80G; 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI P.K. BANSAL, ACCOUNTANT MEMBER AND SHRI H.S. SIDHU, JUDICIAL MEMBER ITA NO.387/AGR/2009 ASST. YEAR: 2009-10 AANAND KENDRA VIVEKANAND NEEDAM, VS. COMMISSIONER OF INCOME TAX, BEHIND HARISHANKARPURAM, GWALIOR (M.P.). GWALIOR (M.P.) (PAN : AKUPK 6592 L). (APPELLANT) (RESPONDENT) APPELLANT BY : WITHDRAWAL APPLICATION RESPONDENT BY : SHRI VINOD KUMAR, JR. D.R. ORDER PER H.S. SIDHU, J.M. : THE ASSESSEE HAS FILED THE PRESENT APPEAL AGAINST T HE ORDER DATED 13.07.2009 PASSED BY THE LD. CIT, AAYAKAR BAHAWAN, CITY CENTER , GWALIOR. 2. NOTICE OF HEARING WAS ISSUED TO THE ASSESSEE FOR 17.03.2011 I.E. TODAY. IN RESPONSE TO THE SAME, THE LD. AUTHORISED REPRESENTA TIVE (A.R.) OF THE ASSESSEE, CA ASHOK VIJAYWARGIYA FILED AN APPLICATION DATED 17.03 .2011 IN WHICH HE HAS STATED AS UNDER :- 2 DATE: 17.03.2011 BEFORE: THE HON'BLE INCOME TAX APPELLATE TRIBUNAL BENCH - AGRA (U.P.) IN THE MATTER OF: AANAND KENDRA VIVEKANAND NEEDAM VS. COMMISSION OF INCOME TAX, GWALIOR ITA NO.387/AGRA/09 ASSESSMENT YEAR: - 2009-10 MAY IT PLEASE YOUR HONOU, WITH REFERENCE TO ABOVE, IT IS RESPECTFULLY SUBMITT ED THAT, THE AFORESAID APPEAL IS FIXED FOR HEARING FOR 17.03.201 1, WHICH WAS FILED THROUGH REGISTERED SPEED POST ON 17.09.2009, WHICH WAS RECEIVED IN THE OFFICE OF THE HON'BLE TRIBUNAL ON 18.09.2009 CHALLE NGING THE ORDER PASSED BY THE LD. COMMISSIONER OF INCOME TAX, GWALI OR REFUSING THE REGISTRATION U/ S 12AA AND APPROVAL U/ S 80G(5) OF THE INCOME TAX ACT, 1961. THAT, AFTER FILING THE APPEAL MENTIONED ABOVE, THE LD. COMMISSIONER OF INCOME TAX, GWALIOR HAS ALLOWED REG ISTRATION U/S 12AA AND APPROVAL 80G OF THE INCOME TAX ACT, 1961 V IDE ORDER DATED 09.09.2010 IN PURSUANCE OF ORDER PASSED BY THE HON' BLE TRIBUNAL ON 28.05.2010 IN ITA NO.634 & 635/AG/2008. COPY OF ORDER IN ITA NO. 634 & 635/AG/2008 IS ENCLO SED HEREWITH AND MARKED AS ANNEX.P-1-2 COPY OF ORDER PASSED U/S 12AA BY THE LD. COMMISSION ER OF INCOME TAX ON 09.09.2010 IS ENCLOSED HEREWITH AND MARKED AS ANNEX.P-3 COPY OF ORDER PASSED U/S APPROVAL 80G BY THE LD. CO MMISSIONER OF INCOME TAX ON 09.09.2010 IS ENCLOSED HEREWITH AND M ARKED AS ANNEX.P-4 3 THAT, SINCE THE LD. COMMISSIONER OF INCOME TAX HAS ALLOWED REGISTRATION U/S 12AA AND APPROVAL U/S 80G OF THE I NCOME TAX ACT, 1961 VIDE ORDER DATED 09.09.2010 SUPRA, HENCE, THE APPEAL NO. ITA NO. 387/AGRA/09 IS HEREBY WITHDRAWN. SUBMITTED BY FOR, AANAND KENDRA VIVEKANAND NEEDAM SD/- (CA ASHOK VIJAYWARGIYA) A.R. 3. THE LD. DEPARTMENTAL REPRESENTATIVE (D.R.) HAS N OT RAISED ANY OBJECTION ON THE AFORESAID REQUEST OF THE LD. A.R. OF THE ASSESS EE FOR WITHDRAWING OF THE PRESENT APPEAL. KEEPING IN VIEW OF THE WRITTEN REQUEST DAT ED 17.03.2011 (SUPRA), THE PRESENT APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDR AWN. 4. IN THE RESULT, APPEAL FIELD BY THE ASSESSEE IS D ISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 17.03.201 1). SD/- SD/- (P.K. BANSAL) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AGRA DATE: 17 TH MARCH, 2011 PBN/* 4 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT BY ORDER 3. CIT CONCERNED 4. CIT (APPEALS) CONCERNED 5. DR, ITAT, AGRA BENCH, AGRA 6. GUARD FILE ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRI BUNAL, AGRA TRUE COPY