XAVIER INSTITUTE OF ENGINEERING SOCIETY ,MUMBAI vs. INCOME TAX OFFICER EXEMPTION WARD 2(4), MUMBAI

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ITA 3403/MUM/2025Status: DisposedITAT Mumbai22 July 2025AY 2023-24Bench: SHRI NARENDRA KUMAR BILLAIYA, HON'BLE (Accountant Member), SHRI ANIKESH BANERJEE, HON'BLE JUDICIAL MEMBER I.T.A. No. 3403/Mum/2025 Assessment Year: 2023-24 Xavier Institute of Engineering Society Mahim Causeway Mahim Mumbai - 400016 [PAN: AAATS1483M] अपीलार्थी/ (Appellant) Vs Income Tax Officer, Exemptions Ward-2(4), Mumbai प्रत्यर्थी/ (Respondent) Assessee by: Shri Bimal Desai, A/R Revenue by: Shri Swapnil Choudhary, Sr. D/R सुनवाई की तारीख/Date of Hearing : 22/07/2025 घोषणा की तारीख / Dat1 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the delay in filing the audit report was condoned by the CIT(A) and the income was recomputed. Considering the subsequent developments, the appeal was dismissed as withdrawn.

What were the facts?

The assessee's appeal was against the order confirming the denial of exemption under Section 11 of the Act due to belatedly filed audit report. Subsequently, the CIT(A) condoned the delay, and a Rectification Order was passed recomputing the income. The assessee then requested to withdraw the appeal.

What were the issues?

Whether the appeal filed by the assessee is infructuous after the delay in filing the audit report was condoned and income was recomputed.

Which sections of the Income-tax Act were involved?

Section 11,Section 143(1),Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: SHRI NARENDRA KUMAR BILLAIYA, HON’BLE & SHRI ANIKESH BANERJEE, HON’BLE

For Appellant: Shri Bimal Desai, A/R
Hearing: 22/07/2025Pronounced: 22/07/2025

Assessee by : Shri Bimal Desai, A/R Revenue by : Shri Swapnil Choudhary, Sr. D/R सुनवाई की तारीख/Date of Hearing : 22/07/2025 घोषणा की तारीख /Date of Pronouncement: 22/07/2025 आदेश/O R D E R

PER NARENDRA KUMAR BILLAIYA, AM:

1.

This appeal by the assessee is preferred against the order of the Addl./JCIT(A)-2, Gurugram [hereinafter ‘the CIT(A)’] dated 17/03/2025 pertaining to AY 2023-24.

2.

The sum and substance of the grievance of the assessee is that the ld. CIT(A) erred in confirming the denial of exemption/deduction u/s 11 of the Act by CPC Bangalore while processing the return of income u/s 143(1) of the Act on the ground that the audit report in Form 10B was filed belatedly. 3. Vide letter dated 15/07/2025 filed by the trustee of the assessee interalia mentioned as under:- “The learned Commissioner of Income Tax (Exemption) Mumbai, in the meantime, has accepted the said condonation petition and being convinced that the Appellant Trust had reasonable cause for the delay in filing of Audit Report in Form 10B for Assessment Year 2023-24, he has condoned the delay vide order dated 19.05.2025. Copy of the Order annexed herewith marked as Annexure '1'.

The Jurisdiction Assessing Officer has now passed a Rectification Order u/s. 154 of the Act, dated 17.06.2025 and has recomputed the Income u/s. 11 of the Act as declared in the Return of Income. Copy of the Order is annexed herewith marked as Annexure '2'.

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