ONE STEP GREENER FOUNDATION,DELHI vs. CIRCLE EXEMP 2(1), DELHI, DELHI
What did the Tribunal hold?
The Tribunal found that the CIT(E) rejected the application without affording a fair opportunity of hearing. Therefore, the impugned order was set aside and the matter was restored to the CIT(E) for fresh consideration.
What were the facts?
The assessee filed an application for registration under Section 12A(1)(ac)(iii) of the Income Tax Act. The CIT(E) rejected the application for non-compliance with notices seeking financial details and other clarifications.
What were the issues?
Whether the rejection of the registration application by the CIT(E) for non-compliance with notices violated the principles of natural justice and if the matter should be restored for a fresh hearing.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “E”, NEW DELHI
Before: SHRI VIMAL KUMAR & SHRI SANJAY AWASTHI
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “E”, NEW DELHI BEFORE SHRI VIMAL KUMAR, JUDICIAL MEMBER AND SHRI SANJAY AWASTHI, ACCOUNTANT MEMBER ITA No. 2849/Del/2026, A.Y. 2025-26 One Step Greener Foundation, Vs. Circle Exempt 2(1), Delhi 625/626, DLF Prime Tower, 26th Floor, Okhla Phase-1, Okhla Civic Center, Industrial Area, Delhi New Delhi �थायीलेखासं./जीआइआरसं./PAN/GIR No: AAECO6316N Appellant .. Respondent
Appellant by : Sh. Dhanajay Bhardwaj, Adv. Respondent by : Sh. Robin Rawal, CIT. DR Date of Hearing 17.08.2026 Date of Pronouncement 17.08.2026
O R D E R PER VIMAL KUMAR, JM: The appeal filed by the assessee is against order dated 11.03.2026 of the Ld. Commissioner of Income Tax (Exemption), New Delhi [hereinafter referred to as “the CIT(E)”] rejecting application in Form 10AB seeking registration u/s
P a g e | 2 ITA No. 2849/Del/2026 One Step Greener Foundation 12A(1)(ac)(iii) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for Assessment Year 2025-26.
Brief facts of the case are that the applicant filed application dated 15.09.2025 in Form 10AB for registration u/s 12A (1) (ac)(iii) of the Act. The applicant was issued a questionnaire dated 02.01.2026 with the request to furnish certain details/ documents/clarifications in support of prayer for registration. The applicant was asked to submit certain details along with copies of financials for the last three years. The applicant failed to comply with the said notice. Consequently, another notice dated 27.02.2026 was issued requesting submission of details. So, the application was rejected.
Being aggrieved, the appellant/assessee preferred present appeal.
Ld. Authorized Representative for appellant/assessee submitted that Ld. CIT(E) rejected the application for non-compliance of notices in violation of principle of natural justice. The matter may be restored to the file of ld. CIT(E).
Ld. Departmental Representative submitted that applicant failed to comply with the notices.
From examination of record in light of aforesaid rival contention, it is crystal clear that Ld. CIT(E) vide order dated 11.03.2026 rejecting application in Form
P a g e | 3 ITA No. 2849/Del/2026 One Step Greener Foundation 10AB seeking registration u/s 12A(1)(ac)(iii) of the Act for non-compliance of notices. The prayer is for restoration of the matter to ld. CIT(E).
In view of above material facts and in interest of substantial justice, impugned order dated 11.03.2026 is set aside and the matter is restored to the file of Ld. CIT(E) for afresh decision in accordance with law after affording a fair opportunity of hearing to the appellant/assessee.
In the result the appeal filed by the assessee is allowed for statistical purposes.
Order pronounced in the open court on 17.08.2026
Sd/- Sd/- (SANJAY AWASTHI) ( VIMAL KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 20.08.2026 Binita, Sr. PS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI
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