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2024 (5) TMI 1364 - AT - Income TaxApplication of application u/s 80G - application u/s 80G(5) in form no. 10AB was rejected on the ground that the appellant selected a wrong section code (13-clause (ii) instead of 14 - clause (iii)) - HELD THAT -During arguments the DR on behalf of the revenue did not oppose the application for withdrawal of the present appeal. We have considered the rival submissions and also gone through the contents of the withdrawal application. It is evident that the said withdrawal application has been filed on the basis of circular dated 25.04.2024 issued by the CBDT bearing circular no. 7/2024 extending the due date for filing of Form 10A/10AB under Income Tax Act, 1961. Withdrawal application, the application for withdrawal of the appeal is allowed and the present appeal is accordingly dismissed as withdrawn. Appeal filed by the assessee is dismissed.
Issues involved: Appeal against rejection of application u/s 80G(5) for incorrect section code selection.
Summary: The appeal before the Appellate Tribunal ITAT Mumbai, involving ITA No. 420/MUM/2024 for the assessment year 2023-24, challenged the order of the Learned Commissioner of Income Tax, (Exemptions), Mumbai, dismissing an application u/s 80G(5) under the Income Tax Act, 1961, due to the incorrect section code selection. The appellant contended that the rejection was unjustified and requested an opportunity to rectify the mistake in Form 10AB. The appellant's application for registration under section 80G(5) was rejected by the Ld. CIT(E) on the basis of selecting a wrong section code in Form 10AB. The appellant subsequently filed a fresh application under the correct section code, citing a circular issued by the CBDT extending the due date for such filings. After hearing arguments from both parties, the Tribunal allowed the appellant's application for withdrawal of the appeal, considering the circular issued by the CBDT and the fresh application filed under the correct section code. Consequently, the appeal was dismissed as withdrawn, in line with the circular's provisions and the parties' submissions. In conclusion, the appeal challenging the rejection of the application u/s 80G(5) was dismissed by the Tribunal following the appellant's withdrawal application based on the circular extending the due date for filing under the correct section code.
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