FRIENDS GROUP CHARITABLE TRUST,AHMEDABAD vs. CIT(EXEMPTION), MUMBAI
What did the Tribunal hold?
The Tribunal restored the appeal to the file of the CIT(E) to provide the assessee with an adequate opportunity of hearing for fresh adjudication of the registration application.
What were the facts?
The assessee trust applied for registration under Section 12AB of the Income Tax Act. The CIT(E) rejected the application for non-compliance, providing only one opportunity for the assessee to furnish details.
What were the issues?
Whether the CIT(E) provided adequate opportunity to the assessee before rejecting the registration application under Section 12AB.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI
Before: SHRI CHALLA NAGENDRA PRASAD & SHRI PRABHASH SHANKAR
PER SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER: This appeal is filed by the assessee against the order of the learned Commissioner of Income Tax (Exemptions), Mumbai [“Ld. CIT(E)”] in rejecting registration u/s 12AB of the Act.
Ld. Counsel for the assessee, at the outset, submitted that the Ld. CIT(E) rejected the application filed by the assessee for registration u/s 12AB of the Act for non-compliance by the assessee. Ld. Counsel submitted that the Ld. CIT(E) provided the assessee only one opportunity, i.e., on 23.12.2025, and no further notice was issued, and thereafter the order was passed rejecting the applications filed by the assessee. Ld. Counsel submitted that the Assessee sought adjournment to a later date but thereafter no communication was received by the Assessee from the Ld. CIT(E). Therefore, Ld. Counsel for the assessee submitted that issue may be restored to the file of the Ld. CIT(E) for providing adequate opportunity to the assessee to furnish the necessary details.
Ld. DR has no serious objection in restoring this appeal to the file of the Ld. CIT(E) for adjudicating afresh.
Considering the rival submissions, perusing the order of the Ld. CIT(E), and taking note of the contentions of the assessee, we are of the view that, in the interest of justice, this appeal has to be restored to the file of the Ld. CIT(E) for adjudicating afresh the application filed by the assessee for registration u/s 12AB of the Act. Accordingly, we restore this appeal to the file of the Ld. CIT(E), who shall dispose of the application filed by the assessee for registration u/s 12AB of the Act after providing adequate opportunity of hearing to the assessee.
In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 09/09/2026.
Sd/- Sd/- PRABHASH SHANKAR CHALLA NAGENDRA PRASAD ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai Dated: 09/09/2026 Prabhat Copy to: FRIENDS GROUP CHARITABLE TRUST, 3, BRIJ KUTIR CHS LTD., HAJI BAPU 1 CROSS ROAD, MALAD, AHMEDABAD-400097, GUJARAT
CIT(EXEMPTION), 601, CUMBALLA HILL MTNL TE 2 BUILDING, CUMBALLA HILL,, MUMBAI-400026, MAHARASHTRA
3 THE PCIT / CIT, 4 THE D.R., ITAT, MUMBAI BENCH 5 GUARD FILE
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