SUNDER LAL & SONS CHARITABLE TRUST,NEW DELHI vs. CIT(EXEMPTION), DELHI, NEW DELHI
What did the Tribunal hold?
The Tribunal found the CIT(E)'s rejection of the application unjustified. It reasoned that the trust is mainly engaged in charitable activities and that the CIT(E) did not properly calculate expenditures on religious activities, suggesting a limit of up to 5% for such activities.
What were the facts?
The assessee trust's application for registration under Section 12AB was rejected by the CIT(E). The CIT(E) held that the trust applied funds beyond its stated objects by maintaining a temple, which was considered a religious activity not charitable under Section 2(15).
What were the issues?
Whether maintaining a temple constitutes a religious or charitable activity for the purpose of registration under Section 12AB, and whether the CIT(E) erred in rejecting the application without proper calculation of expenditures.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘B’ NEW DELHI
Before: MS. MADHUMITA ROY & SH. KRINWANT SAHAY
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘B’ NEW DELHI BEFORE MS. MADHUMITA ROY, JUDICIAL MEMBER AND SH. KRINWANT SAHAY, ACCOUNTANT MEMBER I.T A. No.5061/Del/2026 (A.Y ---) Sunder Lal & Sons CIT (Exemptions) Vs. Delhi Charitable Trust, D-954, Dilshad Garden, Shahdara, Delhi-110095 PAN No.AAATS2295M
Appellant by: Sh. Rudra, CA Respondent by : Sh. Om Prakash, CIT DR Date of Hearing 30.06.2026 Date of Pronouncement 19.08.2026 ORDER PER KRINWANT SAHAY AM Appeal in this case has been filed by the assessee against the order dated 05.03.2026 passed by the CIT(E), Delhi. The Ld. CIT(E) in this order dated 05.03.2026 has given a finding for rejection of application u/s.12AB (1)(b)(ii) of the Act by holding that the trust applied funds beyond its stated objects by maintaining a temple which is specified violation under clause (a) of Explanation to Section 12AB (4); running a temple is religious and not charitable u/s.2(15).
The Ld. Counsel of the assessee argued during proceedings before us that the Ld. CIT(E) has not gone into details of charitable activities done by the trust and he has taken a very narrow view about the said provision. He has filed a written submission on this
issue which is reproduced as under :-
Per contra the ld. DR relied on the order of the Ld. CIT(E). 4. We have considered the findings given by the CIT(E) in his order and we have also considered the arguments and written submission filed before us by the ld. Counsel of the assessee. 5. After going through the written submission and listening arguments of Ld. Counsel of the assessee we find that the action of Ld. CIT(E) in rejecting the application for registration u/s.12AB of the assessee trust is not justified because of the reason that the assessee trust is mainly engaged in the charitable activities for which it came into the existence. Maintaining a temple/ expenditure on religious activities has not been calculated by the CIT(E). In any case, expenditure upto 5 % of total expenditure may be allowed for such activities. Accordingly, the order passed by the Ld. CIT(E) cannot be sustained. Thus, the assessee’s appeal on this issue is allowed. 6. In the result, the appeal filed by the assessee is allowed. Order pronounced in the on 19.08.2026.
SD Sd/- Sd/- (MADHUMITA ROY) (KRINWANT SAHAY) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 19/08/2026 *Neha Sr. PS*
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