IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “B”, MUMBAI BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI RAJ KUMAR CHAUHAN, JUDICIAL MEMBER ITA NOS. 3738 & 3739/MUM/2023 : A.Ys : 2016-17&

2017-18 Breach Candy Hospital Trust Vs. Income Tax Officer, Employees Comprehensive Gratuity Ward - 19(1)(2), Scheme, 60A, Bhulabhai Desai Road, Mumbai.(Respondent)

Cumballa Hill S.O., Mumbai 400 026.

PAN : AACTB1790J (Appellant)

Appellant by : Shri J.D. Mistri &

Shri Fenil Bhatt Respondent by : Ms. Monika H. Pande, Sr. DR Date of Hearing : 16/01/2025 Date of Pronouncement : 27/02/2025

O R D E R

PER B.R. BASKARAN, ACCOUNTANT MEMBER :

Both the appeals filed by the assessee are directed against the orders passed by Ld CIT(A), NFAC, Delhi and they relate to the assessment years

2016-17 and 2017-18.

2. The assessee is a trust established for the benefit of employees of Breach Candy Hospital Trust, i.e., in order to give gratuity benefits to them. In the return of income filed for thesetwoyears,the assessee had claimed exemption u/s 10(25)(iv) of the Act. Section 10(25)(iv)of the Act provides exemption of income received by trustees on behalf of an approved gratuity fund. During the course of assessm