GAUSHALLA & MANDIR SUDHAR COMMITTEE,MANSA vs. CIT EXEMPTIONS, CHANDIGARH, CHANDIGARH
What did the Tribunal hold?
The Tribunal found that the CIT(E) had not properly appreciated the facts and that the assessee was not given a proper opportunity of being heard. Therefore, the matter was restored to the CIT(E) for fresh consideration.
What were the facts?
The assessee applied for registration as a charitable and religious entity. However, the CIT(E) granted registration only as a religious entity without providing an opportunity for the assessee to be heard.
What were the issues?
Whether the CIT(E) erred in granting registration as a religious entity instead of a charitable and religious entity without affording the assessee an opportunity of being heard.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AMRITSAR BENCH ‘DB’ : AMRITSAR
Before: SHRI S. RIFAUR RAHMAN & SHRI UDAYAN DAS GUPTA
PER S. RIFAUR RAHMAN, AM:
The assessee has filed appeals against the order of the Learned Commissioner of Income Tax (Exemptions), Chandigarh [“Ld. CIT(E)”, for short] dated 06.01.2026 and 08.01.2026 for the Assessment Year
2027-28 passed under section 12AA and 80G of the Income-tax Act, 1961 (for short ‘the Act’).
At the time of hearing, ld. AR of the assessee submitted that the ld. CIT
(E) erred in law and on facts in allowing the registration to the assessee
Trust as Religious Entity as against the assessee application filed in Form
No.10AB u/s 12AB(1)(b) of the Act for registration as Charitable and Religious Entity without giving any opportunity to the asse
The order continues below.
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