NATIONAL SOLAR ENERGY FEDERATION OF INDIA ,DELHI vs. CIT (EXEMPTION), DELHI
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?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, DELHI
Before: SHRI MAHAVIR SINGH & SHRI MANISH AGARWAL
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.
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.
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.
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.
In the result, the appeal of the assessee is partly allowed for statistical purpose.
Order pronounced in the open court on 27.06.2025
More judgments on Section 12A
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Sanskardham Nandan, Mehsana vs CIT(Exemption), AhmedabadITA 2980/AHD/2026[2025-26]Status: Disposed16 Oct 2026AY 2025-26
- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 777/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 776/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Shiva Shiksha Samiti, Deendayal Puram, Up… vs Income-Tax Officer, Ward-Exemption, Agra…ITA 415/AGR/2026[2017-18]Status: Disposed15 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- Prashanti Das (M/S. Panchamukhi Enterprises) vs. Assistant Commissioner Of State Tax, CT And GST, Jagatsinghpur CircleOrissa · 16 Oct 2026
- M/S Utkal Highways, Bidanasi vs. Union Of INDIAOrissa · 16 Oct 2026
- Pradeep Kumar Behera vs. Superintendent CGST And Central Excise., CuttackOrissa · 16 Oct 2026
- Manas Behera vs. Commissioner, CT And GST Odisha, CuttackOrissa · 16 Oct 2026
- Pramod Kumar Nayak vs. Superintendent, CGST And Central Excise, KendraparaOrissa · 16 Oct 2026