ITAT Cochin Dismissed Appeal Post Approval in Form 10AS by CIT (Exemption)

Amrita Heart Care Foundation Vs ITO (ITAT Cochin)

The Income Tax Appellate Tribunal (ITAT) Cochin dismissed the appeal filed by Amrita Heart Care Foundation after the assessee chose to withdraw it. The appeal was directed against an order issued by the Commissioner of Income Tax (Exemption) in Kochi on March 20, 2024, for the Assessment Year (AY) 2024-25. The main issue in the case revolved around the approval process for the organization under the relevant provisions for exemption.

During the proceedings, the counsel for Amrita Heart Care Foundation informed the ITAT that the appellant had received the required approval in Form 10AS from the CIT (Exemption) on October 24, 2024. Given this development, the assessee expressed its intention to withdraw the appeal. The Tribunal allowed the request and dismissed the appeal as withdrawn.

It is significant to note that approval in Form 10AS is a procedural step for organizations seeking exemption under the Income Tax Act, particularly for entities engaged in charitable activities. With the approval granted, the appellant no longer found it necessary to pursue the matter further in appeal. This move reflects how certain procedural approvals can render appeals redundant.

The ITAT, following the submission by the assessee’s counsel, concluded the matter, dismissing the appeal as withdrawn, and no further adjudication was required. This decision reaffirms the principle that when an issue is resolved through administrative approval, further litigation may be avoided, leading to the withdrawal of appeals.

FULL TEXT OF THE ORDER OF ITAT Cochin

This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Exemption), Kochi dated 20.03.2024 for Assessment Year (AY) 2024-25.

2. When the matter was called on the learned counsel for the assessee filed a letter stating that the appellant intends to withdraw the appeal, as the CIT (Exemption), Kochi granted approval in Form 10AS vide order dated 24.10.2024. Accordingly, we permit the assessee to withdraw the appeal.

3. In the result, appeals filed by the assessee are dismissed as withdrawn.

Order pronounced in the open court on 19^th February, 2025.