Madhuban Academic & Welfare Foundation, New Delhi V. DIT(E), New Delhi

ITA 4841/DEL/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 3696 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 27-06-2011
• Assessment Year: misc
• Appeal Filed On: 04-11-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: Y KAKKAR
• Assessee Lawyers: MONIKA JAIN
• Section: 12A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH `E: NEW DELHI BEFORE SHRI C.L.SETHI, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER I.T. A. NO.4841/DEL/2010 ASSESSMENT YEAR: N.A. MADHUBAN ACADEMIC & WELFARE FOUNDATION, DIRECTOR O F INCOME-TAX 101, HANS BHAWAN, BAHADUR SHAH VS. (EXEMPTION S), ZAFAR MARG, NEW DELHI. NEW DELHI. PAN: AAGCM4073N (APPELLANT) (RESPONDENT) APPELLANT BY: MS. MONIKA JAIN, CA. RESPONDENT BY: MS. Y. KAKKAR, SR. DR. O R D E R PER C.L. SETHI, JUDICIAL MEMBER: THE ASSESSEE IS IN APPEAL AGAINST THE ORDER DATED 2 4.09.2010 PASSED BY THE LEARNED DIRECTOR OF INCOME-TAX (EXEMPTIONS) UND ER SECTION 12AA(1)(B) READ WITH SECTION 12A OF THE INCOME-TAX ACT, 1961 ( THE ACT) WITH REFERENCE TO THE ASSESSEES APPLICATION FILED ON 22.03.2010 F OR SEEKING REGISTRATION UNDER SEC. 12A OF THE ACT. 2 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL ON RECORD. 3. BY IMPUGNED ORDER, THE DIRECTOR OF INCOME-TAX (E XEMPTIONS) HAS REJECTED THE ASSESSEES APPLICATION FOR REGISTRATIO N UNDER SEC. 12A OF THE ACT. HOWEVER, IT HAS BEEN POINTED OUT BY THE LEARNED AUT HORIZED REPRESENTATIVE FOR THE ASSESSEE THAT THE ASSESSEE FILED ANOTHER AP PLICATION ON 18.03.2011 SEEKING REGISTRATION UNDER SEC. 12A WHICH HAS BEEN GRANTED BY THE LEARNED DIRECTOR OF INCOME-TAX (EXEMPTIONS) FROM THE ASSESS MENT YEAR 2011-2012 ONWARDS SUBJECT TO CERTAIN CONDITIONS. IT WAS, THU S, SUBMITTED BY THE LEARNED COUNSEL FOR THE ASSESSEE THAT THE ASSESSEE IS NOT I NCLINED TO PURSUE THIS APPEAL, BUT TO WITHDRAW THE SAME. IN THIS RESPECT, THE ASSESSEE HAS SUBMITTED APPLICATION DATED 18-05-2011 WHICH READS AS UNDER:- THIS IS IN REFERENCE TO THE CAPTIONED ASSESSEE FO R THE CAPTIONED ASSESSMENT YEAR. IT IS SUBMITTED THAT TH E ASSESSEES APPEAL IS PENDING WITH YOUR HONOURS FOR HEARING. T HE APPEAL WAS FILED BY ASSESSEE BEING AGGRIEVED WITH THE ORD ER OF THE LD. DIT(EXEMPTIONS) REGARDING REJECTION OF REGISTRATION U/S 12A OF THE I.T. ACT, 1961. HOWEVER, IT IS SUBMITTED THAT ASSESSEE AGAIN APPLIED FOR REGISTRATION U/S 12A/80G IN MARCH 2011 AND THE SAME HAS BEEN GRANTED TO IT (COPY OF ORDER ALLOWING REGISTRATION ENCLOSED). AS SUCH NOW THE ASSESSEE W ISHES TO WITHDRAW ITS APPEAL FILED WITH YOUR HONOURS AS THE SAME BECOME INFURCTUOUS. IT IS THUS REQUESTED TO KINDLY ALLOW THE ASSESSEE TO WITHDRAW ITS APPEAL. PLEASE DO THE NEE DFUL AND OBLIGE. 4. IN THE LIGHT OF THE ASSESSEES SUBMISSION TO WIT HDRAW THIS APPEAL, WE DISMISS THE PRESENT APPEAL ON WITHDRAWAL. 3 ITA NO.4841/DEL/2010 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED ON WITHDRAWAL. 6. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT I MMEDIATELY AFTER THE HEARING WAS OVER ON 27 TH JUNE, 2011. SD/- SD/- (SHAMIM YAHYA) (C.L. SETHI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 27 TH JUNE, 2011. COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR BY ORDER *MG DEPUTY REGISTRAR, ITAT.