Appeal Withdrawn After Delay in Filing Form 10B Condoned and Exemption Under Section 11 Granted

The Tribunal permitted the withdrawal of the appeal after the delay in filing Form 10B was condoned by CIT (Exemptions), and the exemption under section 11 was granted by the Income Tax Officer. As the assessee's grievance was resolved, the appeal was dismissed as withdrawn on 18th October, 2023.

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Issues involved: Appeal against disallowance of exemption u/s 11 of the Income Tax Act, 1961 due to failure to file Audit Report in Form 10B along with the return for A.Y. 2016-17.

Summary:
1. The assessee, a Trust registered u/s 12A of the Income Tax Act, filed a return of income for A.Y. 2016-17 declaring Nil income after claiming exemption u/s 11. The exemption was disallowed as Audit Report in Form 10B was not filed along with the return.

2. The assessee filed an application for condonation of delay before DIT(Exemption), Hyderabad and appealed before CIT(A). CIT(A) allowed the appeal for statistical purpose pending the outcome of the delay condonation application.

3. Subsequently, delay in filing Form No. 10B was condoned by CIT (Exemptions) and exemption u/s 11 was granted by the Income Tax Officer. The assessee requested withdrawal of the appeal as the grievance was redressed.

4. The Tribunal permitted the withdrawal of the appeal as the delay was condoned, exemption was granted, and the grievance of the assessee was resolved.

5. Consequently, the appeal of the assessee was dismissed as withdrawn on 18th October, 2023.

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