NATIONAL SOLAR ENERGY FEDERATION OF INDIA ,DELHI vs. CIT (EXEMPTION), DELHI

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ITA 2254/DEL/2025Status: DisposedITAT Delhi30 June 2025AY 2023-24Bench: SHRI MAHAVIR SINGH (Vice President), SHRI MANISH AGARWAL (Accountant Member)5 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal noted that the earlier appeal concerning Section 80G was remanded. The Tribunal decided to grant the assessee one more opportunity to furnish necessary evidence for registration under Section 12A, remanding the matter back to the CIT(Exemption).

What were the facts?

The assessee filed an application for registration under Section 12A of the Income Tax Act, which was rejected by the CIT(Exemption). The assessee also had an application for registration under Section 80G rejected because the Section 12A registration was not granted.

What were the issues?

Whether the CIT(Exemption) was justified in rejecting the application for registration under Section 12A without granting an opportunity to furnish evidence regarding the genuineness of activities.

Which sections of the Income-tax Act were involved?

Section 12A,Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, DELHI

Before: SHRI MAHAVIR SINGH & SHRI MANISH AGARWAL

Hearing: 27.06.2025Pronounced: 27.06.2025

The present appeal is filed by the assessee against the order of Ld. CIT(Exemption), Delhi, dated 18.12.2024 rejecting the application of the assessee for Registration under Section 12A of the Act.

2.

Before us the assessee has filed an application for granting early hearing of the appeal on the ground that the other appeal bearing no. 141/Del/2025 filed against the order passed by the Ld. CIT(Exemption) rejecting the application filed for Registration under Section 80G of the Act stood decided by the Coordinate Bench of ITAT wherein the matter was remanded back to the file of Commissioner of Income Tax (Exemption). In the petition it is also submitted that the registration under Section 80G was rejected for the reason that the assessee was not granted Registration under Section 12A of the Act. It is therefore requested that the appeal be taken out.

3.

On the other hand, the ld. Senior DR opposed the fact of the assessee and submit that the appeal may be taken up in regular course.

4.

Heard both the parties from the perusal of the record, it is seen that the present appeal is filed by the assessee against the rejection order of Ld. CIT(A) on the Registration applied by the assessee under Section 12A of the Act. Reason given by the Ld. CIT(Exemption) is that assessee has not made any submission with respect to the genuineness of the activities of the trust and to establish the chargeable nature. Looking to this facts in our considered opinion it could be fair that one more opportunity be allowed to the assessee by sending back to the matter to the file of Ld. CIT(Exemption) with the direction to the assessee that he would appear in filing all the necessary evidences in support of the Registration require under Section 12A of the Act. With this direction the application filed by the assessee is dispose of and the appeal of the assessee is allowed for statistical purpose.

5.

In the result, the appeal of the assessee is partly allowed for statistical purpose.

Order pronounced in the open court on 27.06.2025

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