M.S. Naroola Memorial Charitable Trust, Lucknow V. Commissioner of Income Tax (E), Lucknow

ITA 725/LKW/2019

AI Insights

The case involved the M.S. Naroola Memorial Charitable Trust, which appealed against the decision of the Commissioner of Income Tax (Exemption), Lucknow, rejecting their application under section 12A(1) of the Income Tax Act, 1961. However, before the hearing, the Trust submitted an application to withdraw the appeal, stating their intention not to continue charitable activities in the near future. The CIT (DR) did not object to this withdrawal. Consequently, the tribunal allowed the withdrawal and dismissed the appeal.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 123054 (ITAT-LUCKNOW)
• Duration Of Justice: 8 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 27-11-2022
• Assessment Year: misc
• Appeal Filed On: 16-03-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S. H. USMANI
• Assessee Lawyers: DHEERAJ SRIVASTAVA
• Keywords: Charitable institution

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH “A”, LUCKNOW BEFORE SHRI. MAHAVIR SINGH, VICE PRESIDENT AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No.725/LKW/2019 Assessment Year: N.A. M.S. Naroola Memorial Charitable Trust Surjeet Bhawan, Ram Nagar Road Near Naroola Nursing Home Kashipur v. The CIT (Exemption) Lucknow TAN/PAN:AADTM4104G (Appellant) (Respondent) Appellant by: Shri Dheeraj Srivastava, Advocate Respondent by: Shri S. H. Usmani, CIT (DR) Date of hearing: 28 11 2022 Date of pronouncement: 29 11 2022 O R D E R PER BENCH: This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Exemption), Lucknow, rejecting the application filed by the assessee under section 12A(1)of the Income Tax Act, 1961 (hereinafter ‘the Act’), dated 20.4.2019. 2. At the outset, it is noticed that the assessee has filed withdrawal application dated 22.9.2022, which reads as under: “This is with reference to the captioned appeal filed by the Appellant challenging the order passed by the CIT (Exemption), Lucknow. The present appeal is listed for hearing before your honour on 03.10.2022. In this regard, it is to bring to your kind notice that the appellant do not intend to carry on the charitable activities in the near future and wishes to withdraw the present appeal. Page 2 of 2 Thus it is requested that the appellant may kindly be allowed to withdraw the captioned appeal.” 3. The ld. CIT (DR) has not objected to the withdrawal of this appeal by the assessee. 4. After perusing the withdrawal application and going through the contents of the appeal, we permit withdrawal of the appeal and accordingly the assessee’s appeal is dismissed as withdrawn. 3. In the result, the appeal is dismissed as withdrawn. Order pronounced in the open Court on 29/11/2022. Sd/- Sd/- [GIRISH AGRAWAL] [MAHAVIR SINGH] ACCOUNTANT MEMBER VICE PRESIDENT DATED:29/11/2022 JJ: Copy forwarded to: 1. Appellant 2. Respondent 3. CIT(A) 4. CIT 5. DR