Shree Lalita Ashram Trust, Rohtak V. CIT, Rohtak

ITA 4483/DEL/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 4061 (ITAT-DELHI)
• Duration Of Justice: 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 26-04-2010
• Assessment Year: misc
• Appeal Filed On: 25-11-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K SINHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G, NEW DELHI BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI K.D. RANJAN, ACCOUNTANT MEMBER ITA NO.4483/DEL/2009 SHREE LALITA ASHRAM TRUST, VS. COMMISSIONER OF INCO ME TAX, 2627/19, GALI VKILON WALI, ROHTAK. CIVIL ROAD, ROHTAK. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE (WITHDRAWAL APPLICATION) RESPONDENT BY : SHRI A.K. SINHA, SR. D.R. ORDER PER R.P. TOLANI, JM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT, ROHTAK DATED 29.9.2009. 2. FOLLOWING GROUNDS HAVE BEEN RAISED IN THE APPEAL :- 1. THAT THE LEARNED CIT NEVER GAVE ANY HEARING TO T HE APPELLANT IN THE INSTANT CASE/PROCEEDINGS AND ALL THE PROCEEDING S WERE CONDUCTED BY THE INSPECTOR OF THE CIT WHICH IS ILLE GAL AND UNJUSTIFIED AND THE INSTANT ORDER DESERVE TO BE QUA SHED AS BEING UNAUTHORIZED. 2. THAT THE LEARNED CIT ERRED IN LAW AND IN FACT IN NOT ACCEDING TO THE, REQUEST OF THE APPELLANT FOR GRANTING TO IT RE NEWAL OF APPROVAL UNDER SECTION 80-G(5)(VI) AND FURTHER ERRE D IN REJECTING THE APPLICATION MADE BY THE APPELLANT IN FORM NO.10 G FOR GETTING SUCH APPROVAL ON WRONG AND UNTENABLE GROUNDS. ITA NO.4483/DEL/2009 2 3. THAT THE REASON ADVANCED BY THE AUTHORITY BELOW FOR REFUSING RENEWAL OF THE APPROVAL OF THE APPELLANT UNDER SECT ION 80- G(5)(VI) ARE WRONG UNTENABLE AND UNSUPPORTABLE ON T HE FILE. 3. BY MEANS OF AN APPLICATION DATED 15.4.2010, THE ASSESSEE HAS SOUGHT PERMISSION OF THE BENCH TO WITHDRAW ITS APPEAL. PE RMISSION OF THE BENCH FOR WITHDRAWAL OF THE APPEAL IS HEREBY GRANTED. ACCORD INGLY, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDR AWN. ORDER PRONOUNCED IN THE OPEN COURT ON 26.4.2010. SD/- SD/- (K.D. RANJAN ) ( R.P. TOLANI ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 26.04.2010. VSK COPY FORWARDED TO: - 1. APPELLANT-ASSESSEE 2. RESPONDENT-REVENUE 3. CIT, ROHTAK. 4. ADDL. CIT, ROHTAK RANGE, ROHTAK. 5. DR, ITAT, NEW DELHI. DEPUTY REGISTRAR ITA NO.4483/DEL/2009 3