AROGYAVARAM EYE HOSPITAL AND CONTACT LENS CLINIC SOCIETY,SRIKAKULAM vs. INCOME TAX OFFICER (EXEMPTION WARD), VISAKHAPATNAM

We have heard both the sides and perused the material available on record as well as the orders of the Ld. Revenue Authorities. Admittedly, the assessee has wrongly filed the original return of income without disclosing the audit details in ITR-7, dated 30/12/2020. However, the assessee has filed a revised return of income on 28/03/2022 disclosing the audit details. It was also demonstrated by the Ld. AR that the Audit Report in Form-10B has been duly filed on 30/12/2020. The CPC while processing the revised return of income has considered the filing of Audit Report in Form-10B and has granted refund of Rs. 1,62,750/- by allowing the exemption U/s. 11 of the Act. Giving these facts and circumstances, the assessee has sent a mail on January, 2024 to the Ld. CIT(A) citing the withdrawal of the appeal filed before him. However, the Ld. CIT(A) has not considered the assessee’srequest of withdrawal of appeal and has proceeded to adjudicate the appeal ex-parte vide order dated 31/01/2024. Under these circumstances, we find it deem fit to remit the matter back to the file of the Ld. CIT(A) directing him to consider the plea of the assessee to withdraw the appeal and

In the result, appeal of the assessee is allowed for statistical purposes as indicated herein above. Pronounced in the open Court on 24th July, 2024.