TIKA RAM EDUCATION SOCIETY,HARYANA vs. CIT (EXEMPTIONS), CHANDIGARH, CHANDIGARH
What did the Tribunal hold?
The Tribunal held that justice would be served by giving the assessee another opportunity to submit all relevant documents. Consequently, the impugned orders were set aside and the matters were restored to the CIT(Exemptions) for fresh adjudication.
What were the facts?
The assessee's application for renewal of registration under section 12AB and approval under section 80G was rejected by the CIT(Exemptions). This rejection occurred because the documents uploaded by the assessee were found to be damaged and unreadable by the CIT's system.
What were the issues?
Whether the rejection of registration and approval was justified without proper examination of documents and adherence to natural justice principles.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
आयकर अपीलीय अिधकरण,च�ीगढ़ �ायपीठ “बी” , च�ीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH “B”, CHANDIGARH HEARING THROUGH: PHYSICAL MODE �ी लिलत कुमार, �ाियक सद� एवं �ी िवजय वमा� , लेखा सद� BEFORE: SHRI. LALIET KUMAR, JM & SHRI. VIJAY VARMA, AM आयकर अपील सं./ ITA No. 721 & 722/Chd/ 2026 िनधा�रण वष� / Assessment Year : 2026-27 Tika Ram Education Society बनाम The CIT(Exemptions) Chottu Ram Arya College, Chandigarh Mission Road, Sonipat H.O. Sonipat-131001, Haryana-131001 �ायी लेखा सं./PAN NO: AABTT1486A अपीलाथ�/Appellant ��थ�/Respondent िनधा�रती की ओर से/Assessee by : Shri Dhruv Goel, C.A राज� की ओर से/ Revenue by : Smt. Tarundeep Kaur, CIT, DR सुनवाई की तारीख/Date of Hearing : 12/08/2026 उदघोषणा की तारीख/Date of Pronouncement : 13/08/2026 आदेश/Order PER BENCH: Both the appeals have been filed by the Appellant and both the above appeals were heard together therefore they are being disposed of by this consolidated order for the sake of convenience and brevity.
We shall first deal with the appeal in ITA No. 722/Chd/2026.
The present appeal has been filed against the rejection of Registration by the Ld. CIT(E) under section 12AB of the act.
In this appeal Appellant has raised the following grounds: 1. That the learned CIT(Exemptions) Chandigarh has erred in law and on facts in rejecting the application for renewal of registration u/s 12A(1)(ac)(ii). 2. That Ld. CIT(E) Chandigarh has erred in rejecting the application for renewal of registration u/s 12A(1)(ac)(ii) on incorrect facts and by ignoring the submissions made by assessee during the proceedings. 3. That notwithstanding the merits of the mater, Ld. CIT(E) Chandigarh has erred in rejecting the application for renewal of registration u/s
12A(1)(ac)(ii) without providing opportunity of personal hearing and without adherence to principles of natural justice. 4. That the appellant craves leave to add, alter, amend or to substitute the above ground(s) of appeal either before or at the time of hearing of case.
During the course of hearing the appellant submitted that the Ld. CIT(E) did not consider the audited account and other documents uploaded on the portal. The Ld. CIT(E) in para 3.1 of the order is observed as under:
“ 3.1 Subsequently, another notice dated 11/02/2026 was issued requesting the applicant to re-submit the reply and documents as the files earlier uploaded were found to be damaged. The applicant was again provided an opportunity to furnish the requisite details and supporting documents for proper verification of its financial statements and activities.”
From a perusal of above it is apparent the CIT(E) did not have the benefit of examining the documents uploaded by the appellant as the system was corrupted / files were damaged. Therefore it was prayed that the matter may be sent back to the Ld. CIT(E). 7. The Ld. DR did not have any objection to the same.
We have heard the rival contention and perused the material available on the record. In the facts of the present case, we are satisfied that the ends of justice would be adequately met if the assessee is afforded one more effective opportunity to place all the relevant documents before the Ld. CIT (Exemption). We accordingly refrain from expressing any opinion on the merits of the claim of registration under section 12AB. Accordingly, the impugned order passed under section 12AB is set aside and the matter is restored to the file of the Ld. CIT (Exemption) for passing a fresh order in accordance with law. The Ld. CIT (Exemption) shall afford reasonable opportunity of hearing to the assessee, consider all the documentary evidence and explanations that may be furnished, and thereafter pass a fresh, reasoned and speaking order in accordance with law. Needless to say, the assessee shall fully cooperate in the proceedings.
Now we shall deal with the appeal in ITA No. 721/Chd/2026. The grounds of appeal raised are the following: 1. That the learned CIT(Exemptions) Chandigarh has erred in law and on facts in rejecting the application for renewal of registration u/s 80G.
That Ld. CIT(E) Chandigarh has erred in rejecting the application for renewal of registration u/s 80G on incorrect facts and by ignoring the submissions made by assessee during the proceedings. 3. That notwithstanding the merits of the matter, Ld. CIT(E) Chandigarh has erred in rejecting the application for renewal of registration u/s 80G without providing opportunity of personal hearing and without adherence to principles of natural justice. 4. That the appellant craves leave to add, alter, amend or to substitute the above ground(s) of appeal either before or at the time of hearing of case. 10. Since the rejection of approval under section 80G is solely consequential to the rejection of registration under section 12AB and the impugned order under section 80G itself records that approval has been declined only because registration under section 12AB stood rejected, the very foundation of the order passed under section 80G no longer survives. Consequently, the impugned order under section 80G is also set aside and the matter is restored to the file of the Ld. CIT (Exemption) for fresh adjudication after deciding the application under section 12AB and in accordance with law. Accordingly, both the appeals are allowed for statistical purposes. 11. In the result, both the above appeals filed by the Appellant are allowed for statistical purposes.
Order pronounced on 13/08/2026
Sd/- Sd/- लिलत कुमार िवजय वमा� (LALIET KUMAR) (VIJAY VARMA) �ाियक सद� /JUDICIAL MEMBER लेखा सद�/ ACCOUNTANT MEMBER AG आदेश की �ितिलिप अ�ेिषत/ Copy of the order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��थ�/ The Respondent 3. आयकर आयु�/ CIT 4. आयकर आयु� (अपील)/ The CIT(A) 5. िवभागीय �ितिनिध, आयकर अपीलीय आिधकरण, च�ीगढ़/ DR, ITAT, CHANDIGARH 6. गाड� फाईल/ Guard File
BY ORDER, ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KENDRIYA SADAN, SECTOR-9A CHANDIGARH
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