SHRI ARVIND FOUNDATION,NEW DELHI vs. CIT EXEMPTION, NEW DELHI
What did the Tribunal hold?
The Tribunal set aside the impugned order and remitted the matter back to the CIT(Exemption) for fresh adjudication. This was done in the interest of substantive justice, considering the totality of facts and circumstances.
What were the facts?
The assessee's application for registration under Section 80G(5) was rejected by the CIT(Exemption) due to non-compliance with notices. The assessee did not appear for hearings, and the Revenue had no objection to the matter being remanded.
What were the issues?
Whether the CIT(Exemption) was justified in rejecting the application without granting sufficient opportunity. The issue revolves around procedural fairness and compliance with statutory requirements for registration.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “G” NEW DELHI
Before: SHRI SATBEER SINGH GODARA & SHRI SANJAY AWASTHI
ITA No.6468/DEL/2026 SHRI ARVIND FOUNDATION IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G” NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI SANJAY AWASTHI, ACCOUNTANT MEMBER ITA No.6468/DEL/2026 Assessment Year: 2026-27 SHRI ARVIND FOUNDATION, Vs. CIT (EXEMPTION), Flat No. G-62, Sixth Floor, DGS Income Tax Department, CGHS Ltd., Plot No.6, Sector 22, New Delhi, Delhi 110002. Dwarka, New Delhi, Delhi 110075. PAN No. ABFTS6367L Appellant Respondent Assessee by None Revenue by Shri Sher Singh, CIT Date of hearing: 07.09.2026 Pronouncement on 07.09.2026 O R D E R PER SANJAY AWASTHI, ACCOUNTANT MEMBER: 1. This appeal arises from order dated 12.11.2025, passed u/s 80G(5) of the Income Tax Act, 1961 (hereafter as “the Act”), by Ld. CIT(Exemption), Delhi. The Ld. CIT(E) is seen to have rejected the assessee’s application on account of non-compliance to notices issued from his office.
1.1 On the last date of hearing, none attended on behalf of the assessee but it was decided to proceed ahead with the adjudication, with the help of Ld. DR.
It was pointed out by the Ld. DR that the Ld. CIT(Exemption) had provided two opportunities for filing the necessary details however, since 1
ITA No.6468/DEL/2026 SHRI ARVIND FOUNDATION the assessee did not avail off the opportunities so provided hence, the matter was disposed of by rejecting the application. The Ld. DR had no objection in case the matter was to be remanded back for fresh consideration.
We have considered the rival submissions and have gone through the records before us. Considering the totality of facts and circumstances of the case, and in the interest of substantive justice, we deem it fit to remit this matter back to the file of Ld. CIT(Exemption) for fresh adjudication. For this purpose, we set aside the impugned order.
In the result, the appeal is partly allowed for statistical purposes.
Order pronounced in the open court on 07.09.2026
Sd/- Sd/- (SATBEER SINGH GODARA) (SANJAY AWASTHI) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 16.09.2026 *Kavita Arora, Sr. P.S. Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI
More judgments on Section 80G(5)
- Nikunj Mahendrabhai Adani, Ahmedabad vs The ITO, Ward-1(3)(1), AhmedabadITA 2026/AHD/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 592/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 591/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
- The Divine Life Society, Jaipur vs Exemption Ward 1, JaipurITA 1491/JPR/2026[2025-26]Status: Disposed14 Oct 2026AY 2025-26
- The Divine Life Society, Jaipur vs Exemption Ward 1, JaipurITA 1484/JPR/2026[2025-26]Status: Disposed14 Oct 2026AY 2025-26
Recent GST High Court judgments
Search GST case law →- Gr Infra Projects Limited Ratlam Through Its Authorized Signatory Mr. Pankaj Das vs. The State Of Madhya PradeshMadhya Pradesh · 14 Oct 2026
- J M Mhatre Infra PVT. LTD Thr. Authorized Chetan J. Mhatre vs. Union Of INDIA Thr. Secretary Dept. Of Revenue Ministry Of Finance And OrsBombay · 14 Oct 2026
- M/S Hindustan Coca-Cola Beverages PVT. LTD. vs. The Commissioner, CGST And Cx, Dibrugarh And AnrGauhati · 14 Oct 2026
- M/S Shree Sushruta Health Services Private Limited vs. The Union Of INDIAPatna · 14 Oct 2026
- M/S Rst Batteries vs. Deputy Commissioner CGST Delhi West & Ors.Delhi · 14 Oct 2026