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

ITA 1634/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3727 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2016-2017
• Appeal Filed On: 30-06-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Keywords: Rectification of order
• Section: 154; 11; 12A; 10B; 143(1); 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) A BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL , HON'BLE ACCOUNTANT MEMBER ITA NO. 16 34 /MUM/2020 (A.Y: 20 16 - 1 7 ) ANIMAL RAHAT 101/102, KSHAMALAYA 37, SIR V. THACKERSEY MARG NEW MARINE LINES MUMBAI 400020 PAN: AAECA8515B V. DCIT (CENTRAL PROCESSING CENTRE) POST BAG NO. 2 ELECTRONIC CITY POST OFFICE BANGALORE - 560500 (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SH RI BRAJENDRA KUMAR DATE OF HEARING : 21.09.2021 DATE OF PRONOUNCEMENT : 01 .10 .2021 O R D E R PER C.N. PRASAD (JM) 1. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 1 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 12.02.2020 FOR THE A.Y.20 16 - 17. 2 ITA NO. 1634/MUM/2020 (A.Y: 2016 - 17) ANIMAL RAHAT 2. ASSESSEE VIDE LETTER DATED 06 TH SEPTEMBER, 2021 REQUESTED FOR WITHDRAWAL OF APPEAL. CONTENTS OF THE LETTER DATED 06.09.2021 FILED BY TH E 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 IN COME 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 ALLO WED 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 G RANTED 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 21 ST 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 3 ITA NO. 1634/MUM/2020 (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 SUBMISSIO NS OF THE ASSESSEE REQUESTING FOR WITHDRAWAL OF APPEAL, THE APPEAL IS PERMITTED TO BE WITHDRAWN. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 01 .10.2021 AS PER RULE 34(4) OF ITAT RULES BY PLACING THE PRONOUNCEM ENT LIST IN THE NOTICE BOARD. SD/ - SD/ - ( MANOJ KUMAR AGGARWAL ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 01 .10 .2021 GIRIDHAR, SR.PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM