RAM JIWAN SHOREWALA CHARITABLE TRUST,DELHI vs. CIT (EXEMPTION), DELHI, CIT(EXEMPTION)DELHI

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ITA 3618/DEL/2026Status: DisposedITAT Delhi20 August 20263 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(Exemption) had drawn unilateral conclusions, leading to an ex-parte order. In the interest of justice, the matter was remitted back to the CIT(Exemption) for fresh adjudication.

What were the facts?

The assessee, Ram Jivan Shorewala Charitable Trust, filed an appeal against the order of the CIT(Exemption) rejecting its application for registration. The assessee contended that the order was passed without providing an adequate opportunity to be heard, violating principles of natural justice.

What were the issues?

Whether the order passed by the CIT(Exemption) violated the principles of natural justice by not providing an adequate opportunity of being heard to the assessee.

Which sections of the Income-tax Act were involved?

Section 12AB(1)(b)(ii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES, ‘A’ NEW DELHI

Before: SHRI MAHAVIR SINGH

Pronounced: 19.08.2026

आयकर अपीलीय अिधकरण, िद�ी पीठ�, नई िद�ी INCOME TAX APPELLATE TRIBUNAL, DELHI BENCHES, ‘A’ NEW DELHI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER ITA No.3618/DEL/2026 िनधा�रण वष�/Assessment Year: 2027-28) Ram Jivan Shorewala Charitable CIT(Exemption), Trust, Ministry of Finance, Income Tax 2524, Lajpat Rai Market, Department, CIT(E), Vs. Bazar Sita Ram, New Delhi-110002 Delhi-110006 अपीलाथ� Appellant ��थ� Respondent Permanent Account Number of Assessee: AAATR8581K अपीलाथ� �ारा/Appellant represented by: Shri Ayush Kumar, Adv. ��थ� �ारा/Respondent represented by: Shri Zafarul Haque Tanveer, CIT- DR सुनवाई की तारीख / Date of conclusion of hearing: 19.08.2026 घोषणा की तारीख / Date of pronouncement: 19.08.2026 आदेश / ORDER PER AMITABH SHUKLA, AM This appeal filed by the Assessee is directed against the order of Ld. Commissioner of Income Tax (Exemption), New Delhi, dated 13.03.2026 passed under section 12AB(I)(b)(ii) for the Assessment Year 2027-28. The word ‘Act’ herein this order would mean Income Tax Act, 1961. 2. At the outset, ld. Counsel for the assessee submitted that its rights on natural justice have been violated in as much as the impugned order u/s 12AB(I)(b)(ii) dated 13.03.2026 has been passed without giving adequate opportunity of being

ITA No.3618/DEL/2026 Ram Jiwan Shorewala Charitable Trust

heard. It was contended that the ld. CIT(E) has drawn unilateral conclusions in para-3 of his impugned order before rejecting the application for registration. It was stated that appellant’s right to natural justice is thus violated. The ld. Counsel assured that full cooperation would be made to the Revenue authorities and that the matter be remitted back to the CIT(E) for re-adjudication. 3. The ld. DR though relying upon the order of lower authorities did not oppose to the proposed move. 4. Heard rival parties in the light of material available on record. 5. The fact of ex-parte order of CIT(E) is evident from the unilateral conclusion drawn by him to reject assessee’s application. We are conscious that no litigant gains by non-prosecution of its case. In the interest of justice, we remit the matter back to the file of Ld. CIT(E) for re-adjudication de novo, in accordance with law and by passing a speaking order. The assessee shall be bounden to comply with all the statutory notices and any non-compliance would be adversely viewed. Accordingly, the appeal of the assessee is allowed for statistical purposes. 6. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 19th August, 2026.

Sd/- Sd/- [MAHAVIR SINGH] [AMITABH SHUKLA] VICE PRESIDENT ACCOUNTANT MEMBER Dated: 20.08.2026 Shekhar

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ITA No.3618/DEL/2026 Ram Jiwan Shorewala Charitable Trust

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