GOOD SHEPHERD TRUST ,MUMBAI V. INCOME TAX OFFICER EXEMPTION WARD 1(3), MUMBAI

ITA 5534/MUM/2025

AI Insights

The case involves Good Shepherd Trust, which appealed against an order from the Commissioner of Income Tax (Appeals) concerning the Assessment Year 2023-24. The primary issue in the appeal was related to the delay in filing the Audit Report in Form 10BB, which was subsequently condoned by the Commissioner of Income Tax (Exemption), Mumbai. Following this, a rectification order was passed by the Jurisdictional Assessing Officer, re-computing the income and allowing exemption under section 11 as declared in the return of income. Given these developments, the assessee requested to withdraw the appeal, which was unopposed by the Departmental Representative.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 841489 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2026
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2023-2024
• Appeal Filed On: 04-09-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ARUN KANTI DATTA; DR
• Assessee Lawyers: JANKHNA CHAUHAN
• Keywords: Rectification of order
• Section: 154; 11

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA (JUDICIAL MEMBER) & SHRI GIRISH AGRAWAL (ACCOUNTANT MEMBER) I.T.A. No. 5534/Mum/2025 Assessment Year: 2023-24 Good Shepherd Trust Plot No. 51, Sector 5 Sanpada East Navi Mumbai Maharashtra - 400703 [PAN: AAATG8356M] Vs. Central Processing Centre, Income Tax Department, Bengaluru/ITO Exemption, 1(3), Mumbai (Appellant) (Respondent) Assessee by Ms. Jankhna Chauhan, AR Revenue by Shri Arun Kanti Datta, CIT D/R Date of Hearing 24.02.2026 Date of Pronouncement 24.02.2026 ORDER 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. 2. 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 Printed from counselvise.com 2 I.T.A. No. 5534/Mum/2025 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. 3. The Ld. DR did not raise any objection to the withdrawal of the appeal. 4. 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. 5. In the result, appeal filed by assessee is dismissed. Order pronounced in the open court on 24/02/2026 Sd/- Sd/- (GIRISH AGRAWAL) (AMIT SHUKLA) Accountant Member Judicial Member Mumbai Dated: 24/02/2026 SC Sr. P.S. Printed from counselvise.com 3 I.T.A. No. 5534/Mum/2025 Copy of the order forwarded to: (1)The Appellant (2) The Respondent (3) The CIT (4) The CIT (Appeals) (5) The DR, I.T.A.T. True Copy By order (Asstt. Registrar) ITAT, Mumbai Printed from counselvise.com "