Inail Foundation, Khandwa V. The CIT ( Exemption), Khandwa

ITA 75/Ind/2023

AI Insights

The case involves Inali Foundation, which appealed against the order of the Commissioner of Income Tax (Exemption), Bhopal, dated 09.01.2023. The order declined the registration under section 12A of the Income Tax Act due to the application being filed under an incorrect clause. The assessee's representative clarified during the hearing that the application was mistakenly filed for fresh registration instead of renewal, as the foundation was already registered under section 12AA since 02.02.2021. Following this realization, the assessee decided to withdraw the appeal, which was supported by the Departmental Representative.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 130531 (ITAT-INDORE)
• Duration Of Justice: 4 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-07-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 10-07-2023
• Assessment Year: 2022-2023
• Appeal Filed On: 09-03-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 12A; 12AA

Judgement Text

Page 1 of 2 आयकर अपील य अ धकरण, इंदौर यायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI B.M. BIYANI, ACCOUNTANT MEMBER ITA No. 75/Ind/2023 (Assessment Year:2022-23) Inali Foundation House No.50, Sarvodaya Colony, Near Temple Khandwa Vs. CIT(E) Bhopal (Appellant / Assessee) (Respondent/ Revenue) PAN: AAECI8723 P Assessee by Ms. Nisha Lahoti & Vijay Bansal ARs Revenue by Shri P.K. Mishra, CIT-DR Date of Hearing 11.07.2023 Date of Pronouncement 11.07.2023 O R D E R Per Vijay Pal Rao, JM: This appeal by the assessee is directed against the order dated 09.01.2023 of Commissioner of Income Tax(Exemption), Bhopal passed u/s 12AA of the Act. The CIT(E) has declined to grant registration u/s 12A of the Act on the technical reason that the application filed by the assesse is not under the correct clause of section 12A of the Act. 2. At the time of hearing the ld. AR of the assesse has submitted that after the impugned order was passed the assesse has realized that the said application was inadvertently filed by the assesse for fresh registration whereas the assesse was already granted registration u/s ITA No.753/Ind/2023 Inali Foundation Page 2 of 2 Page 2 of 2 12AA vide order dated 02.02.2021 and therefore, as per the new provisions for registration as per section 12AB of the Act the assesse is required to file the application for renewal of registration already granted u/s 12AA of the Act. The return of income filed by the assesse for A.Y.2022-23 is processed by the CPC at nil demand after considering the fact that the assesse was already granted registration u/s 12AA of the Act. Accordingly the Ld. AR has submitted that the assessee does not want to pursue the present appeal and seeks permission to withdraw the present appeal. An application in this respect is also filed on 7 th July 2023 which is available on record. 3. On the other hand, ld. DR has no objection if present appeal of the assesse is dismissed as withdrawn. In view of the above facts as explained by the Ld. AR of the assesse the assesse is allowed to withdraw the present appeal and consequently the appeal of the assesse is dismissed being withdrawn. 4. In the result, appeal filed by the assessee is dismissed as withdrawn. Sd/- Sd/- (B.M. BIYANI) (VIJAY PAL RAO) Accountant Member Judicial Member Indore, 11 .07.2023 Patel/Sr. PS Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order UE COPY Sr. Private Secretary Income Tax Appellate Tribunal Indore Bench, Indore Order in pronounced in Open Court on conclusion of hearing on 11/ 07/2023