CONSUMER ONLINE FOUNDATION,HYDERABAD vs. WARD EXEMPTION 1(3), DELHI
What did the Tribunal hold?
The Tribunal set aside the orders of the CIT(E) and remanded the matter back for fresh adjudication. The assessee is to be granted an opportunity of being heard and to submit evidence.
What were the facts?
The assessee's application for registration under Section 12A(1)(ac)(ii) and approval under Section 80G were rejected by the CIT(E) due to lack of submissions and non-compliance. The trust deed was also not on record.
What were the issues?
Whether the rejection of the Section 12A and 80G applications was justified due to lack of submissions and non-compliance, and if a further opportunity should be granted.
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 & SHRI KRINWANT SAHAY
INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI BEFORE MS MADHUMITA ROY, JUDICIAL MEMBER AND SHRI KRINWANT SAHAY, ACCOUNTANT MEMBER ITA No. 5373/Del/2026 (A.Y 2026-27) ITA No. 5374/Del/2026 (A.Y 2026-27) Consumer Online Foundation Vs. Ward Exemption 1(3), C/o. 6-3-655/2/3, P. Murali Delhi & AMP; Co. Chartered Accountants, Somajiguda, Hyderabad (Appellant) (Respondent) PAN: AAATC7779G Assessee by : None Revenue by: Sh. Rajesh Mahajan, CIT DR Date of Hearing 24/06/2026 Date of pronouncement 14/08/2026
O R D E R PER MADHUMITA ROY, J. M.:
Both the appeals filed by the assessee are directed against the orders both dated 19.03.2026 passed by the CIT(E), Delhi whereby and whereunder in the absence of requisite submissions made by the applicant in support of the application in Form No. 10AD for registration under Section 12A(1)(ac)(ii) of the Act has been rejected. Consequently the approval under Section 80G also stood rejected.
The application for registration under Section 12A of the Act has been rejected particularly in the absence of irrevocable clause in the trust deed as the case made out by the revenue, but we also do not find any copy of the trust deed. No compliance, was found to have been made by the assessee before the Ld. CIT(A).
However, in order to prevent the miscarriage of justice, we would like to grant a further opportunity to the assessee to represent its case effectively before the Ld. CIT(E).
Thus, both these appeals are disposed of by setting aside the issues to the file of the Ld. CIT(E) for fresh adjudication of the same upon granting an opportunity of being heard to the assessee and upon considering the evidences on record or any other evidence which the assessee may choose to file at the time of hearing of the matter.
Appeals preferred by the assessee are allowed for statistical purposes.
Order pronounced in the open court on 14/08/2026. Sd/- Sd/- (KRINWANT SAHAY) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 14/08/2026 R. Naheed, Sr PS Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi
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