OLIVE INTERNATIONAL EDUCATION FOUNDATION,GANDHINAGAR V. THE DY.CIT, CIRCLE-1 (EXEMPTION), AHMEDABAD

ITA 2118/AHD/2024

AI Insights

The case involved the Olive International Education Foundation appealing against the order of the Commissioner of Income Tax (Appeals), Mumbai, concerning the Assessment Year 2018-19. The primary issues in the appeal included the non-consideration of a revised return and the confirmation of disallowance of a claim of exemption under sections 11 and 11(1)(a) of the Income Tax Act due to the delayed filing of Form 10BB. However, before the hearing could take place, the assessee decided to withdraw the appeal, as indicated in a letter dated 01.09.2025.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 774994 (ITAT-AHMEDABAD)
• Duration Of Justice: 8 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2018-2019
• Appeal Filed On: 17-12-2024
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHER SINGH
• Assessee Lawyers: M K PATEL
• Keywords: Revised return

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, AHMEDABAD BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT Ms. SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A. No.2118/Ahd/2024 (Assessment Year: 2018-19) Olive International Education Foundation, Survey No.126-127, Ranchodpura, Ta. Kadi District, Gandhingar-382721. [PAN :AAACO8733 H] Vs. The Deputy Commissioner of Income Tax, Circle-1,(Exemption) Ahmedabad. (Appellant) .. (Respondent) Appellant by : Shri MK Patel, AR Respondent by: Shri Sher Singh, CIT. DR Date of Hearing 02.09.2025 Date of Pronouncement 04.09.2025 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- This appeal has been filed by the assessee against the order passed by the Ld. Commissioner of Income Tax (Appeal), Mumbai, dated 07.11.2024, relating to the Assessment Year 2018-19. 2. The assessee has raised the following grounds of appeal: 1. That on facts, and in law, the learned AO and Addl/ JCIT (A)-3 have grievously erred in not considering the Revised Return appellant returning income at Rs. Nil. 2. That on facts, and in law, the learned Addl/JCIT (A)-3 has grievously erred in confirming the disallowance of claim of exemption u/s 11, 11(1)(a) of the Act for delayed filing of Form 10BB. Printed from counselvise.com ITA No. 2118/Ahd/2024 Olive International Education Foundation Vs.D CIT Asst. Year : 2018-19 - 2– 3. That on facts, and in law, the delay in filing Form 10BB ought to have been condoned, as prayed for. 4. The appellant craves liberty to add, alter, amend any ground of appeal. 3. At the outset, we notice that the assessee has filed a letter dated 01.09.2025 stating its intension to withdraw the appeal. The relevant extract of the letter is reproduced as under: “…The Advocate for the above named most respectfully begs to submit as under:- That the hearing of the above appeal is fixed on 02/09/2025. However, the undersigned may kindly be permitted to withdraw the above appeal, and oblige…” 4. In view of the above, we dismiss the appeal of the assessee as withdrawn 5. In the result, the appeal of the assessee is dismissed. The order is pronounced in the open Court on 04.09.2025. Sd/- Sd/- (SUCHITRA KAMBLE) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT (True Copy) Ahmedabad; Dated 04.09.2025 MV Printed from counselvise.com ITA No. 2118/Ahd/2024 Olive International Education Foundation Vs.D CIT Asst. Year : 2018-19 - 3– आदेश की Ůितिलिप अŤेिषत/Copy of the Order forwarded to : 1. अपीलाथŎ / The Appellant 2. ŮȑथŎ / The Respondent. 3. संबंिधत आयकर आयुƅ / Concerned CIT 4. आयकर आयुƅ(अपील) / The CIT(A)- 5. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाडŊ फाईल / Guard file. आदेशानुसार/ BY ORDER, True Copy सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad Printed from counselvise.com "