HAND IN HAND TRUST,AMALAPURAM vs. INCOME TAX OFFICER (EXEMPTION WARD), RAJAHMUNDRY

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ITA 192/VIZ/2025Status: DisposedITAT Visakhapatnam08 August 2025AY 2023-24Bench: the learned Commissioner of Income Tax (Appeals) and this appeal stood dismissed vide order dated 17.01.2025. Still aggrieved, the appellant preferred the appeal before hon'ble ITAT, Visakhapatnam Bench vide ITA No.192/Viz/2025.3 pages

AI SummaryDismissed

Facts

The assessee's appeal to the ITAT stemmed from the disallowance of its exemption under Section 11 due to a delayed audit report filing, resulting in an income assessment of Rs. 20,85,136. While the appeal was pending, the CIT (Exemption) condoned the delay in filing Form 10BB, and the Income Tax Officer subsequently rectified the intimation, assessing the income as Nil, thereby resolving the assessee's grievance.

Held

The Tribunal permitted the assessee to withdraw its appeal, acknowledging that the underlying grievance regarding the disallowance of exemption under Section 11 had been resolved. The CIT (Exemption) had condoned the delay in filing Form 10BB, and the Income Tax Officer had rectified the assessment, bringing the total income to Nil.

Key Issues

The primary issue was whether the appeal should be dismissed as withdrawn given that the underlying cause of action, related to the disallowance of exemption under Section 11, was resolved through subsequent administrative actions rectifying the assessment to Nil.

Sections Cited

143(1), 11

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

For Appellant: Dr. Aparna Villuri, Sr. AR

This appeal filed by the assessee is against the order of the Ld. Addl / Joint Commissioner of Income Tax (Appeals), Kochi vide DIN & Order No. ITBA/APL/S/250/2024-25/1072292179(1), dated 17/01/2025 arising out of the order passed U/s. 143(1) of the Income Tax Act, 1961 (the Act), dated 29/10/2024 for the AY 2023-24.

At the outset, the Ld. AR drawn our attention to the assessee’s petition requesting for withdrawal of appeal, dated 30/07/2025 and prayed that the assessee may be permitted to withdraw its appeal. The relevant contents of the said petition are extracted herein below for ready reference: