M/s.St.Pauls Convent English School, Trichur V. The Pr.CIt, (Exemptions),Kochi, Kochi

ITA 597/COCH/2017

AI Insights

The case involved M/s. St. Pauls Convent English School appealing against an order under section 10(23C)(vi) of the Income-tax Act, 1961, dated August 29, 2022, by the Principal Commissioner of Income Tax (Exemptions), Kochi, for the assessment year 2016-2017. The appeal was heard by the Income Tax Appellate Tribunal Cochin Bench. During the proceedings, the assessee's counsel requested to withdraw the appeal, citing a change in law due to the Finance Act, 2020, which affected the eligibility of entities to hold certain tax exemptions simultaneously. The Tribunal allowed the withdrawal of the appeal, leading to the dismissal of the case.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 115409 (ITAT-COCHIN)
• Duration Of Justice: 5 year(s) 8 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 13-07-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 12-11-2017
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAJIT KUMAR DAS
• Assessee Lawyers: P.J. JOHNEY
• Section: 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, AM &Shri Manomohan Das, JM IT A N o .59 7 /Co ch/201 7: Asst. Y ear:2 0 16-20 17 M/s. St. Pauls Convent English School No. 33/1041, Kuriachira Thrissur 680006 [PAN: AAHAS2287H] vs. The Income Tax Officer (Exemption) Thrissur (Appellant) (Respondent) Appellant by: Shri P.J. Johney, CA Respondent by:Shri Sajit Kumar Das, CIT- DR Date of Hearing : 14.07.2023 Date of Pronouncement: 14.07.2023 O R D E R Per Sanjay Arora, AM: This is an Appeal by the Assessee, directed against the order under section 10(23C)(vi)of the Income-tax Act, 1961 (‘the Act’) dated 29.08.2022 by the Principal Commissioner of Income Tax (Exemptions), Kochi [PCIT] for assessment year (AY) 2016-2017. 2. The learned counsel for the assessee, Shri P.J. Johney, appears and submits that the assesse wishes to withdraw it’s appeal. And, accordingly, requests for permission for the same. The reason, he explains, is on account of change in law by Finance Act, 2020 w.e.f. 01.04.2021 proscribing any entity from holding simultaneously registration under section 12AA as well as approval under section 10(23C)(vi) of the Act. The approval once allowed is valid for a period of five years, only whereupon renewal is to be sought. The ld.CIT-D.R. raises no objection to the assessee’s said request. ITA No.597/Coch/2017 (AY 2016-2017) St. Pauls Convent English School v. ITO 2 3. We have, in view of the foregoing, no hesitation in permitting the assessee to withdraw the appeal. Ordered accordingly. 4. In the result, the assessee’s appeal is dismissed as withdrawn. Order pronounced on July 14,2023 in the open court. Sd/- (Manomohan Das) Sd/- (Sanjay Arora) Judicial Member Accountant Member Cochin; Dated: July14, 2023 Devadas G* Copy to: 1. The Appellant. 2. The Respondent. 3. The CIT concerned. 4. The CIT-DR. 5. Guard File. Assistant Registrar ITAT, Cochin.