OMKAR GADI FOUNDATION,DELHI vs. CIT(EXEMPTION), DELHI
What did the Tribunal hold?
The Tribunal found that the assessee wished to file additional documents that were summoned by the CIT(E). Therefore, in the interest of justice, the issue was restored to the file of the CIT(E) for a fresh decision after providing the assessee an opportunity of being heard.
What were the facts?
The assessee, Omkar Gadi Foundation, had its application for registration under Section 80G(5)(iii) rejected by the CIT(E), leading to the cancellation of its provisional registration. The assessee argued that its submissions were not considered, while the Revenue contended that relevant documents were not provided.
What were the issues?
Whether the CIT(E) erred in rejecting the application for registration under Section 80G(5)(iii) without considering the assessee's submissions and allowing the opportunity to file additional documents.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH FRIDAY-“E”, DELHI
Before: SH. SUDHIR KUMAR & SH. MANISH AGARWAL
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH FRIDAY-“E”, DELHI
BEFORE SH. SUDHIR KUMAR, JUDICIAL MEMBER AND SH. MANISH AGARWAL, ACCOUNTANT MEMBER
ITA No.1009/DEL/2025 Assessment Year: 2025-26 Omkar Gadi Foundation Vs. CIT (Exemption) 812, A Shakuntla, Building 59 Nehru Place Delhi-110019 PAN No.AAATO5616J (APPELLANT) (RESPONDENT)
Appellant by Sh. S. K. Chaturvedi, CA Respondent by Ms. Priyanka Durbey, Sr. DR.
Date of hearing: 17/07/2026 Date of Pronouncement: 17/07/2026
ORDER PER SUDHIR KUMAR, JUDICIAL MEMBER: This appeal by the assessee is directed against the order of the Commissioner of Income Tax (Exemption), Delhi [hereinafter referred to as “CIT(E)”] vide order dated 30.12.2024. 2. The assessee has raised the following ground in appeal:- 1. That Ld CIT (Exemption)-Delhi has erred by rejecting application for registration under Section 80G(5)(iii) of the Income Tax Act, 1961 and cancellation of provisional registration granted vide order dated May 21, 2024 having Unique Number
AAATO5616JE20241 issued for the period AY 2025-26 to AY 2027- 28 without considering the submissions of the appellant trust. 2. That the appellant craves the leave to add, modify, delete and amend any ground of appeal at the time of hearing. 3. The Ld. AR submitted that the Ld. CIT(E) rejected the registration under section 80G (5)(iii) of the Act and cancelled the provisional registration granted by the Authority. 4. The Ld. DR has submitted that the Ld. AR has failed to provide the relevant documents before the Ld. CIT(E), the application under section 80 G(5) (iii) of the act was rightly rejected by the CIT(E). 5. We have heard both the parties and perused the material
available on record. In the ground No.1 the Ld. AR has stated
that without considering the submission of the assessee the
application under section 80G(5)(iii) of the Act was rejected.
The assessee wants to file the additional documents which was
summoned by the Ld. CIT(E) therefore, in the interest of the
justice and fair play we deem it fit to restore the issue to the file
of CIT(E), who will decide the matter after given the opportunity
of being heard to the assessee. The appeal of the assessee is
liable to be allowed for statistical purpose.
In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 17.07.2026.
Sd/- Sd/-
(MANISH AGARWAL) (SUDHIR KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER SR BHATNAGAR Date: 20.07. 2026 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) ` 5. DR: ITAT ASSISTANT REGISTRAR ITAT DELHI
More judgments on Section 80G(5)(iii)
- Sevasetu Foundation, Vadodara vs Commissioner of Income Tax (Exemption)…ITA 3149/AHD/2026[NA]Status: Disposed19 Oct 2026
- Sevasetu Foundation, Vadodara vs Commissioner of Income Tax (Exemption)…ITA 3148/AHD/2026[NA]Status: Disposed19 Oct 2026
- Shri Hari Har Charitable and Welfare Trust… vs ITO, FaridabadITA 7241/DEL/2025[2026-27]Status: Disposed29 Sept 2026AY 2026-27
- Shree Vallabh Dham Charitable Trust, Delhi vs CIT(Exemption), DelhiITA 2516/DEL/2026[2024-25]Status: Disposed23 Sept 2026AY 2024-25
- Shree Vallabh Dham Charitable Trust, Delhi vs CIT(Exemption), DelhiITA 2515/DEL/2026[2024-25]Status: Disposed23 Sept 2026AY 2024-25
Recent GST High Court judgments
Search GST case law →- M/S. Mehra Mac Industries Private Limited vs. The Deputy State Tax OfficerTelangana · 30 Oct 2026
- Santosh Das And Anr. vs. Union Of INDIACalcutta · 30 Oct 2026
- M/S Rama Krishna Industries vs. State Of Hp And OthersHimachal Pradesh · 30 Oct 2026
- Smt Usha W/O Shri Tarun vs. Union Of INDIARajasthan · 29 Oct 2026
- M/S Maruti Nandan Minetech Private Limited vs. The Joint CommissionerRajasthan · 29 Oct 2026