THE INDIAN FOUNDATION,DELHI vs. CIT (EXEMPTION), DELHI

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ITA 312/DEL/2025Status: DisposedITAT Delhi30 June 2025AY 2024-25Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal inclined to remit the issue back to the CIT(E) to decide on merit after proper documentary evidence and opportunity of being heard. The assessee was directed to submit relevant information without adjournment.

What were the facts?

The assessee filed an appeal against the order of the CIT(Exemption) who rejected the application for registration under Section 12A(1)(ac)(iii). The rejection was due to the assessee failing to provide required details to support the genuineness of its activities and objects.

What were the issues?

Whether the CIT(E) was justified in rejecting the registration application without proper consideration of evidence and opportunity. Whether the matter should be remitted back to the CIT(E) for fresh adjudication.

Which sections of the Income-tax Act were involved?

Section 12A(1)(ac)(iii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘B’: NEW DELHI

For Appellant: Shri Dheeraj Borad, CA
For Respondent: Ms. Pooja Swaroop, CIT DR
Hearing: 30.06.2025

(Assessment Year: 2024-25) The Indian Foundation, vs. CIT (Exemption), 341/7, 3rd Floor W.NO.4, Delhi. Mehrauli, Delhi - 110 030. (PAN : AABTT8738M) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Dheeraj Borad, CA REVENUE BY : Ms. Pooja Swaroop, CIT DR Date of Hearing : 30.06.2025 Date of Order : 30.06.2025 O R D E R

PER S.RIFAUR RAHMAN, ACCOUNTANT MEMBER :

1.

This appeal is filed by the assessee against the order of ld. Commissioner of Income-tax (Exemption), Delhi [hereinafter referred to as ‘ld. CIT (A)] dated 10.12.2024 for Assessment Year 2024-25.

2.

At the time of hearing, it is brought to our notice that ld. CIT (Exemption) rejected the application filed in Form 10AB seeking for registration u/s 12A(1)(ac)(iii) as the assessee has failed to file details/information required 3 of impugned order in support of genuineness of the activities, charitable objects, commencement of the activities etc..

3.

After considering the submissions of both the parties, we are inclined to remit this issue back to the file of ld. CIT (E) to decide the issue on merit after getting proper documentary evidences from the assessee, after giving proper opportunity of being heard to the assessee. Further we direct assessee also to submit relevant information and complied to the notices issued by the lower authorities without seeking any adjournments. We are allowing the appeal of the assessee without charging any penalty with the assurance of the ld. AR during the proceedings.

4.

In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on this 30TH day of June, 2025 after the conclusion of the hearing.

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