Appeal Dismissed After Withdrawal Due to CBDT Circular Extending Filing Deadline for Correct Section Code.

The ITAT Mumbai dismissed the appeal concerning ITA No. 420/MUM/2024 for the assessment year 2023-24 after the appellant withdrew it. The withdrawal followed a CBDT circular extending the deadline for filing under the correct section code. The Tribunal acknowledged the appellant's fresh application under the correct section code, leading to the appeal's dismissal as withdrawn.

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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 Consequently, the appeal was dismissed as withdrawn, in line with the circular's provisions and the parties' submissions.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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