SAMBHAVNATH JAIN BHAWAN TRUST,CHENNAI vs. ITO, EXEMPTIONS WARD-3,, CHENNAI
What did the Tribunal hold?
The Tribunal set aside the ex-parte order of the CIT(Exemption) and restored the matter for fresh adjudication. The assessee was granted an opportunity to present its case and furnish necessary documents.
What were the facts?
The assessee, Sambhavnath Jain Bhawan Trust, filed an appeal against the order of the CIT(Exemption) rejecting its application for registration under Section 12AB. The CIT(Exemption) passed an ex-parte order as the assessee did not respond to the show-cause notice.
What were the issues?
Whether the CIT(Exemption) erred in passing an ex-parte order without affording the assessee a proper opportunity of being heard and considering the documents submitted.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI
Before: SHRI GEORGE GEORGE K & MS PADMAVATHY S
आदेश/ O R D E R PER GEORGE GEORGE K, VICE PRESIDENT: This appeal filed by the assessee is directed against the order of CIT(Exemption), Chennai dated 27.03.2026, rejecting Form No.10AB filed for seeking registration u/s.12AB of the Income Tax Act, 1961 (hereinafter the ‘Act’).
ITA No.2765/CHNY/2026 - 2 - Sambhavnath Jain Bhawan Trust 2. At the very outset, we notice that the order passed by the CIT(E) is an ex-parte order. The appeal came to be disposed of ex-parte on the ground that the assessee had not responded to the show-cause notice issued by the office of the CIT(E) and had not furnished the requisite documents. The Ld. AR submitted that the assessee is a public religious trust engaged in religious activities and had, in fact, furnished all the relevant documents in support of its claim during the course of the proceedings. It was further contended that the CIT(E), without properly considering the documents placed on record and without affording the assessee an effective opportunity of being heard, rejected the application. The Ld. AR therefore prayed that, in the interest of justice, the impugned order may be set aside and the matter restored to the file of the CIT(E) for fresh adjudication after providing the assessee with a reasonable opportunity of being heard and to furnish all necessary evidences.
The Ld.DR supported the order of CIT(E).
We have heard the rival submissions and perused the material available on record. It is an undisputed fact that the impugned order passed by the CIT(E) is an ex-parte order. The record indicates that the application was rejected on the ground that the assessee had not responded to the show-cause notice and had not furnished the
ITA No.2765/CHNY/2026 - 3 - Sambhavnath Jain Bhawan Trust requisite documents. However, the assessee has contended that it is a public religious trust engaged in religious activities and that the relevant documents in support of its claim were available and could be produced before the CIT(E). Considering the facts and circumstances of the case, and in the interest of substantial justice, we are of the considered view that the assessee deserves one more opportunity to present its case. Accordingly, we set aside the impugned order of the CIT(E) and restore the matter to his file for fresh adjudication in accordance with law after affording the assessee a reasonable opportunity of being heard and to furnish all necessary documents and evidences in support of its claim. The assessee is directed to co- operate with the Revenue and shall not seek unnecessary adjournment. It is ordered accordingly.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order pronounced in the open court on 28th July,2026 at Chennai.
Sd/- Sd/- (प�मावती एस) (जॉज� जॉज� के) (PADMAVATHY S) (GEORGE GEORGE K) लेखा सद�य/ACCOUNTANT MEMBER उपा�य� /VICE PRESIDENT चे�नई/Chennai, �दनांक/Dated, the 28th July, 2026
ITA No.2765/CHNY/2026 - 4 - Sambhavnath Jain Bhawan Trust
RSR, Sr.PS आदेश क� ��त�ल�प अ�े�षत/Copy to: 1. अपीलाथ�/Appellant 2. ��यथ�/Respondent 3. आयकर आयु�त /CIT, Chennai 4. �वभागीय ��त�न�ध/DR 5. गाड� फाईल/GF. By Order Digitally signed by REKHA REKHA SENTHIL RAJ SENTHIL RAJ Date: 2026.07.30 14:31:09 +05'30'
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