MAHAVIR JAIPURIA MEDICAL FOUNDATION,JAIPUR V. CIT (EXEMPTION), JAIPUR, JAIPUR

ITA 688/JPR/2024

AI Insights

The case involves the Mahavir Jaipuria Medical Foundation, which initially faced rejection of its application for registration under Section 12AB of the Income Tax Act by the CIT (Exemption), Jaipur, due to issues concerning the genuineness of activities and non-compliance. Dissatisfied with this decision, the Foundation appealed to the Income Tax Appellate Tribunal. However, during the pendency of the appeal, the Foundation rectified its registration status by applying for regular registration under the new regime as per the extended deadline provided by the CBDT. This application was successful, leading to the Tribunal's decision to dismiss the appeal as withdrawn.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 472807 (ITAT-JAIPUR)
• Duration Of Justice: 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 19-11-2024
• Assessment Year: 2024-2025
• Appeal Filed On: 14-05-2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: RUCHIKA SOGANI

Judgement Text

" vk;dj vihyh; vf/kdj.k] t;iqj U;k;ihB] t;iqj IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, “ B-Bench” JAIPUR Jh jkBkSM+ deys'k t;UrHkkbZ] ys[kk lnL; ,o aJh ujsUnz dqekj] U;kf;d lnL; ds le{k BEFORE: SHRI RATHOD KAMLESH JAYANTBHAI, AM & SHRI NARINDER KUMAR, JM vk;dj vihy la-@ITA No. 688/JPR/2024 Mahavir Jaipuria Medical Foundation Jai Drinks Complex, Jawahar Lal Nehru Marg, Jaipur cuke Vs. The CIT (Exemption) Jaipur LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AADTM6167F vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assessee by : Ms. Ruchika Sogani, Advocate jktLo dh vksjls@Revenue by: Representative of the Department. lquokbZ dh rkjh[k@Date of Hearing : 21/11/2024 mn?kks\"k.kk dh rkjh[k@Date of Pronouncement : 21 /11/2024 vkns'k@ORDER PER: NARINDER KUMAR, J.M. The appellant claiming itself to be a Trust, on 30-09-2023 filed an application seeking its registration u/s 12AB of the Income Tax Act, 1961 (hereinafter referred to as “the Act’’). Said application came to be dismissed by ld. CIT(E), Jaipur vide impugned order dated 31-03-2024 on the following ground: “Genuineness of Activities and non-compliance.” 2 ITA NO. 688/JPR/2024 MAHAVIR JAIPURIA MEDICAL FOUNDATION VS CIT (EXEMPTION), JAIPUR 2. Feeling dissatisfied with the rejection of its application u/s 12AB of the Act, the appellant trust is before this Appellate Tribunal by way of an appeal presented on 14-05-2024. 3. It may be mentioned here that during the pendency of the appeal, on 18-11- 2024, the appellant has presented an application with the prayer for withdrawal of this appeal. 4. Heard on the prayer for withdrawal of appeal. File perused. 5. As noticed above, the application u/s 12AB of the Act was that Form 10AB presented by the applicant before the ld. CIT(E) was rejected as the applicant could not establish genuineness of activities, and due to non-compliance in this regard. In the application presented before the Registry on 18-11-2024 seeking withdrawal of the appeal, the applicant has alleged that since applicant – appellant trust was registered under Old Regime and as per New Regime, it was required to apply for regular registration in 05 years as per provision of Section 12A(1)(ac)(i) /12AB(1)(a) of the Act, but, due to some misconception of law, the trust applied for provisional registration and, thereafter, for regular registration as per provisions of Section 12A(1)(ac)(iii) of the Act. 6. To explain the subsequent events, on behalf of the appellant, it has been submitted that CBDT, vide its Circular No. 7/2024 dated 25-04-2024, extended time lines for filing of certain applications upto 30-06-2024, and as such, taking 3 ITA NO. 688/JPR/2024 MAHAVIR JAIPURIA MEDICAL FOUNDATION VS CIT (EXEMPTION), JAIPUR advantage of this extension of timeline, the applicant trust filed fresh application seeking regular registration u/s 12A(1)(ac)(i) /12AB(1)(a) of the Act and, the said prayer has been allowed granting regular registration from A.Y. 2022-23 to 2026- 27 vide order dated 05-07-2024. In this regard, reliance has been placed on copy of order for registration dated 05-07-2024 in Form No.10AC. That is how, prayer has been made on behalf of the appellant for dismissal of this appeal as having been withdrawn. Passing of order of registration dated 5.7.2024 is not being disputed on behalf of the Revenue. Result 7. In view of the submission of the applicant trust which stands registered u/s 12A(1)(ac)(i) /12AB(1)(a) of the Act, as prayed, this appeal is hereby dismissed as having been withdrawn. File be considered to record room after needful is done by the Office. Order pronounced in the open court on 21/11/2024 Sd/- Sd/ ¼jkBkSM+ deys'k t;UrHkkbZ ½ ¼ujsUnz dqekj½ (RATHOD KAMLESH JAYANTBHAI) (NARINDER KUMAR) ys[kk lnL; @Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 21 /11/2024 *Mishra, Sr. PS 4 ITA NO. 688/JPR/2024 MAHAVIR JAIPURIA MEDICAL FOUNDATION VS CIT (EXEMPTION), JAIPUR vkns'k dh izfrfyfivxzsf’kr@Copy of the order forwarded to: 1. The Appellant- Mahavir Jaipuria Medical Foundation, Jaipur 2. izR;FkhZ@ The Respondent- The CIT(E), Jaipur 3. vk;dj vk;qDr@ The ld CIT 4. foHkkxh; izfrfuf/k] vk;dj vihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur 5. xkMZ QkbZy@ Guard File ITA No.688/JPR/2024) vkns'kkuqlkj@ By order, lgk;d iathdkj@Asstt. Registrar "