LAXMI SUBHASH SONTAKKE IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by LAXMI ORDINARY ORIGINAL CIVIL JURISDICTION SUBHASH SONTAKKE Date: 2026.05.04 17:10:18 +0530 INCOME TAX APPEAL NO. 126 OF 2024 Commissioner of Income Tax (Exemptions), Mumbai ...Appellant Versus Impact Foundation (India) ...Respondent _______

Mr. Pritish Chatterjee for the Appellant.

Mr. Dharmesh Shah a/w Dhaval Shah for the Respondent.

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CORAM: G. S. KULKARNI &

AARTI SATHE, JJ.

RESERVED DATE: 24 APRIL 2026 PRONOUNCED ON: 04 MAY 2026 JUDGMENT (PER AARTI SATHE, J.):-

1. This Appeal has been filed by the Appellant-Revenue under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), challenging the order dated 2^nd January 2023 (hereinafter referred to as the “impugned order”) passed by the Income Tax Appellate Tribunal (hereinafter referred to as the “ITAT”), allowing the Respondent-Assessee’s Appeal, which was filed against the order dated 24^th March 2022 passed by the Commissioner of Income Tax (Exemptions), Mumbai (hereinafter referred to as the “CIT (Exemptions), Mumbai”), thereby holding that the order passed by the CIT (Exemptions), Mumbai under Section 263 of the Act was