M/S. VALLAMAI TRUST,KANCHIPURAM vs. CIT EXEMPTIONS, CHENNAI

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ITA 2628/CHNY/2026Status: DisposedITAT Chennai10 September 20266 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee had indeed filed the required information, and the CIT(Exemptions) passed the order without considering this fact. Therefore, the matter was remanded for fresh consideration.

What were the facts?

The assessee, a charitable trust, applied for registration under Section 12AB. The CIT(Exemptions) denied registration, stating the trust failed to furnish required documents and information to satisfy the charitable nature and genuineness of its activities.

What were the issues?

Whether the CIT(Exemptions) was justified in rejecting the grant of registration under Section 12AB for non-furnishing of documents when the documents were actually filed.

Which sections of the Income-tax Act were involved?

Section 12AB,Section 2(15)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CHENNAI BENCHES, CHENNAI BENCH: D

Pronounced: 10.09.2026

PER INTURI RAMA RAO, ACCOUNTANT MEMBER :

This appeal filed by the Assessee directed against the order of the Learned Commissioner of Income Tax(Exemption), Chennai dated 17.03.2026 denying grant of registration u/s.12AB of the Income Tax Act, 1961. 2. The Assessee raised the following grounds of appeal :

“1. The order of the Commissioner (Exemptions) is bad on law and on facts.

2.

The Commissioner (Exemptions) failed to appreciate that the Appellant, a Charitable Trust, was already provisionally registered under section 12A for the Assessment Years:2023-24 to 2025-26 and that the Appellant had reasonable and sufficient cause for delay in submission of their application in form 10AB.

3.

The Commissioner (Appeals) failed to see that the Trust faced a critical administrative challenge where the previous accountant resigned abruptly. The successor, V. Rekha was appointed on 29.09.2024 just 24 hours prior to the statutory deadline of 30.09 2024. It was humanly impossible for a new appointee to detect and rectify this complex technical requirement within the mandatory timeline. Necessary Documentary evidence in support of this contention was also uploaded, which the Commissioner ignored.

4.

The Commissioner (Exemptions) erred in holding that the Appellant has not furnished the necessary documents required the registration under section 12A.

5.

The Commissioner (Exemptions) failed to note that all the necessary documents like the Trust Deed, Financials for three years prior to the Application, Note on activities of the Trust and copies of approval and 12A and 80G registration certificate were all uploaded at the time of submission of form 10AВ.

6.

The Commissioner (Exemptions) failed to note the Appellant has responded to the notice dated 24th February 2026 and explained the sufficient and reasonable cause for delay in filing their application for registration with supportive documentary evidence.”

3.

Briefly, the facts of the case are that the appellant is a Trust registered on 18.12.2019 under Trust Act. It is formed with the objective of promoting solidarity, equality and fraternity among Persons with Disabilities and to develop self-confidence and work for the safety and progress of Person with Disabilities primarily in the state of Tamilnadu. The appellant-trust had filed an application in Form-10AB on 29.09.2025 before the Learned CIT(E), Chennai seeking registration u/s.12AB of the Act.

4.

On receipt of the said application, the Learned CIT(E) sought from the appellant certain details so as to satisfy himself on the following aspects : (i) Whether the objects are charitable in nature as defined u/s 2(15) of the Act and not commercial or profit-oriented (ii) Whether the benefits are not restricted to any particular caste, creed, religion or community (iii) Whether the activities are confined to India, and also required the appellant to file certain documents and the copy of the approval u/s.12A obtained in the old regime etc. According to the Learned CIT(E), the appellant had failed to submit all those documents, therefore, proceeded to hold that he was not satisfied about the charitable nature of objects of the Trust and genuineness of its activities, accordingly rejected the grant of registration u/s.12AB of the Act.

5.

Being aggrieved by the above order, an appeal was filed before this Tribunal. When the matter was called-on, no one appeared on behalf of the assessee despite due service of notice for hearing. Therefore, we proceeded to dispose of this appeal after hearing the Learned CIT-DR.

6.

We heard Learned CIT-DR and perused the material available on record. The issue that arises for our consideration is whether the Learned CIT(E), Chennai was justified in rejecting the grant of registration u/s.12AB of the Income-tax Act, 1961. On mere perusal of the impugned order, it would be evident that the Learned CIT(E) had denied the grant of registration only for the reason that the appellant had failed to furnish information as called for by him so as to satisfy himself as to the objects of the Trust are charitable in nature and genuineness of the activities carried on by the appellant. However, from the material on record placed at page no.12 of the paper book, it is evident that the appellant had filed the information as required by the Learned CIT(E) vide Acknowledgment No.181626281020126. Therefore, it crystal clear that the Learned CIT(E) had passed impugned order in ignorance of the fact that the appellant filed all the requisite information as sought for by him. Therefore, in order to meet the ends of justice, we are of the considered opinion that the matter requires a remand to file of Learned CIT(E) for de novo disposal of the application in accordance with law after affording an opportunity of hearing to the appellant.

7.

In the result, appeal filed by the assessee stands partly allowed for statistical purpose. Order pronounced in the open Court on 10th September, 2026. (GEORGE GEORGE K) ACCOUNTANT MEMBER Chennai; िदनांक / Dated : 10th Sep, 2026 SGR, Sr.PS आदेश क" "ितिलिप अ"ेिषत / Copy of the Order forwarded to : अपीलाथ" / The Appellant.

1.

""यथ" / The Respondent.

2.3.

The CIT Chennai/Madurai/Coimbatore/Salem. 4. िवभागीय "ितिनिध, आयकर अपीलीय अिधकरण, “डी” ब"च, चे"नई / DR, ITAT Chennai. 5. गाड" फ़ाइल / Guard File. GANGADHARA RAO RAO SALEELA SALEELA Date: 2026.09.17 18:09:38 +05'30'

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