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Facts
The assessee filed an appeal against an order passed by the Ld. Commissioner of Income Tax (Appeals). The assessee subsequently sought to withdraw the appeal, stating that the delay in filing the Audit Report was condoned and a rectification order had been passed by the Assessing Officer re-computing the income.
Held
The assessee requested permission to withdraw the appeal as the grievance raised no longer survived due to the rectification order. The Ld. DR did not object to the withdrawal. The Tribunal permitted the assessee to withdraw the appeal.
Key Issues
Whether the appeal can be dismissed as withdrawn based on the assessee's request and subsequent rectification of the income computation.
Sections Cited
11, 154
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Income Tax Appellate Tribunal, “G” BENCH, MUMBAI
Before: SHRI AMIT SHUKLA & SHRI GIRISH AGRAWAL
PER AMIT SHUKLA (J.M.): Present appeal filed by the assessee arises out of the order dated 10/07/2025 passed by the Ld. Commissioner of Income tax (Appeals)/ Addl/JCIT (A)-5, Delhi [hereinafter the “Ld.CIT(A)”] for A.Y. 2023-24.
The assessee has filed a letter dated 20/02/2026 seeking withdrawal of the present appeal by submitting that, the delay in filing Audit Report in Form 10BB was condoned by the Ld. Commissioner of Income Tax (Exemption), Mumbai vide order dated 17/11/2025 and pursuant thereto, the Jurisdictional Assessing Officer passed a rectification order u/s 154 dated 12/12/2025 re-computing the income allowing exemption u/s 11
as declared in the return of income. It is submitted that, in view of the rectification, the grievance raised in the present appeal no longer survives and the appeal has become infructuous. Accordingly, the assessee requested for permission to withdraw the appeal.
The Ld. DR did not raise any objection to the withdrawal of the appeal.
In view of the request made by the assessee and considering the fact that the issue stands resolved by the rectification order passed by the Assessing Officer, the assessee is permitted to withdraw the appeal. Accordingly, the appeal is dismissed as withdrawn.
In the result, appeal filed by assessee is dismissed.
Order pronounced in the open court on 24/02/2026