ANIMAL RAHAT,MUMBAI vs. DY CIT.,( CENTRALISED PROCESSING CENTRE), BANGALORE

O R D E R PER C.N. PRASAD (JM) This appeal is filed by the assessee against the order of the Learned 1. Commissioner of Income Tax (Appeals)-1, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 12.02.2020 for the A.Y.2016-17.

(A.Y: 2016-17) Animal Rahat Assessee vide letter dated 06th September, 2021 requested for 2. withdrawal of appeal. Contents of the letter dated 06.09.2021 filed by the assessee are as under: “Sub: Withdrawal of appeal No. ITA.No. 1634/Mum/2020 Ref: Animal Rahat PAN: AAECA8515B A.Y. 2016-17 With reference to the above, we wish to state as under; The assessee is a nonprofit organization and is also registered u/s. 12A of the Income Tax Act, 1961 and hence eligible to compute the income as per the provisions of section 11 of the Income Tax Act, 1961. We were in receipt of Intimation u/s. 143(1) of the Income Tax Act,1961 wherein application of income amounting to Rs. 4,08,32,971/-(restricted to Rs 3,93,22,077/-) was not considered while computing the net taxable income. We filed a rectification u/s 154 of the Income Tax Act, 1961. A rectification order u/s. 154 of the Income Tax Act, 1961 from CPC, Bangalore was passed, without taking into consideration application of income amounting to Rs.4,08,32,971/- on the basis that Form 10B was filed on 02.08.2018. Aggrieved by the said order, we filed an appeal with Hon. CIT(Appeal) who vide his order dated 12.02.2020, partly allowed the appeal without prejudice to assessee obtaining a condonation from jurisdictional CIT(Exemptions) with regard to filing of Form 10B. Accordingly, we had filed an application with CIT(Exemptions) for condonation in filing of Form 10B which was duly granted vide order dated 16.07.2020. Copy of the Condonation order is enclosed in Exhibit 1. Simultaneously based on the CIT(A) order, we had filed an appeal to your honour for which the hearing is scheduled on 21st September, 2021. Subsequently the Ld. AO had passed a Rectification Order u/s 154 of the Income Tax Act, 1961 dated 19.07.2020 giving effect to Hon. CIT(Exemption)'s Condonation Order. As per the rectified order passed u/s 154 of the Income Tax Act, 1961, we have been granted

(A.Y: 2016-17) Animal Rahat the deduction u/s 11 of the Income Tax Act, 1961, wherein the returned income has been duly accepted and refund of INR 46,240/- is determined and received. Rectification Order passed u/s 154 of the Income Tax Act, 1961 is enclosed in Exhibit-2.”

In view of the above submissions of the assessee requesting for withdrawal of appeal, the appeal is permitted to be withdrawn.

In the result, appeal of the assessee is dismissed as withdrawn. 3.

Order pronounced on 01.10.2021 as per Rule 34(4) of ITAT Rules by placing the pronouncement list in the notice board.