XAVIER INSTITUTE OF ENGINEERING SOCIETY ,MUMBAI vs. INCOME TAX OFFICER EXEMPTION WARD 2(4), MUMBAI
| आयकर अपीलीय अिधकरण ायपीठ, मुंबई |
IN THE INCOME TAX APPELLATE TRIBUNAL
“G” BENCH, MUMBAI
BEFORE 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]
Vs
Income Tax Officer, Exemptions
Ward-2(4), Mumbai
अपीलाथ/ (Appellant)
यथ/ (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 /Date of Pronouncement: 22/07/2025
आदेश/O R D E R
PER NARENDRA KUMAR BILLAIYA, AM:
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
I.T.A. No. 3403/Mum/2025
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 Juri iction 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'.
In view of the above, the Appeal filed by the Appellant becomes infructuous, hence, the Appellant most humbly requests Your Honours to kindly allow the Appellant to withdraw the above appeal filed for Assessment Year 2023-24.”
In light of the above, appeal of the assessee is dismissed as withdrawn. 5. In the result, appeal of the assessee is dismissed. Order pronounced in the Court on 22nd July, 2025 at Mumbai. (ANIKESH BANERJEE) ACCOUNTANT MEMBER
Mumbai, Dated 22/07/2025
*SC SrPs
*SC SrPs
*SC SrPs
*SC SrPs
आदेश की ितिलिप अेिषत/Copy of the Order forwarded to :
अपीलाथ / The Appellant 2. थ / The Respondent 3. संबंिधत आयकर आयु! / Concerned Pr. CIT 4. आयकर आयु! ) अपील ( / The CIT(A)- 5. िवभागीय ितिनिध ,आयकर अपीलीय अिधकरण, मुंबई /DR,ITAT, Mumbai, 6. गाड% फाई/ Guard file.
आदेशानुसार/ BY ORDER