UMIYA SOCIAL TRUST VALSAD,VALSAD vs. CIT (EXEMPTION), AHMEDABAD, AHMEDABAD
What did the Tribunal hold?
The Tribunal restored the matter to the CIT(E) for fresh adjudication. This was to consider the subsequent grant of 12A/12AB registration and other statutory conditions.
What were the facts?
The assessee, Umiya Social Trust, applied for renewal of approval under Section 80G(5). The CIT(E) rejected the application because the trust lacked registration under Section 12A/12AB. However, the trust subsequently obtained the required 12A/12AB registration.
What were the issues?
Whether the denial of 80G(5) approval was justified when the mandatory 12A/12AB registration was obtained post-rejection.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SURAT BENCH, SURAT
आदेश / O R D E R Per B.M. Biyani, A.M.: Feeling aggrieved by the order bearing DIN: ITBA/EXM/F/EXM45/2025-26/1087001871(1) dated 08.03.2026 passed by learned Commissioner of Income-Tax (Exemption), Ahmedabad [“Ld. CIT(E)”] by which the assessee’s application for renewal of approval u/s 80G(5) of Income-tax Act, 1961 has been rejected, the assessee has filed this appeal on the grounds mentioned in Appeal Memo (Form No. 36).
The brief background of the case is that the assessee is an old trust engaged in public welfare activities. The assessee was earlier granted approval u/s 80G(5) by the Income-tax Department vide order dated 24.09.2021 for the period from AY 2022-23 to AY 2026-27, a copy of order placed in the case file. Thereafter, the assessee filed an application before the Ld. CIT(E) seeking renewal of approval u/s 80G(5). However, vide impugned order dated 08.03.2026, the Ld. CIT(E) rejected assessee's application. Aggrieved, the assessee is in appeal before us.
For ready reference, the impugned order passed by Ld. CIT(E) is scanned and reproduced below:
Ld. AR for the assessee referred the above-reproduced order and submitted that the Ld. CIT(E) rejected assessee’s application for renewal of approval u/s 80G(5) on the ground that the assessee did not possess registration u/s 12A/12AB, which is a mandatory pre-condition for grant of approval u/s 80G(5). However, subsequent to passing of impugned order dated 08.03.2026, the assessee has been granted registration u/s 12A/12AB by the office of the Ld. CIT(E) vide order dated 10.04.2026. A copy of the order was placed before Bench; first page of same is scanned and reproduced below for an immediate reference:
Accordingly, the Ld. AR made a limited prayer that the present matter be restored to the file of the Ld. CIT(E) for a fresh adjudication in the light of subsequent grant of registration u/s 12A/12AB. Ld. DR for revenue did not raise any objection against the submission and prayer of Ld. AR for assessee. Faced with above situation, we are inclined to remand this matter to the file of Ld. CIT(E) for a fresh adjudication in the light of the registration granted u/s 12A/12AB and after examining the fulfilment of other statutory conditions, if any, in accordance with law.
Resultantly, this appeal is allowed for statistical purposes.
Order pronounced in open court on 17/07/2026
Sd/- Sd/- (SUCHITRA KAMBLE) (B.M. BIYANI) JUDICIAL MEMBER ACCOUNTANT MEMBER Surat दिन ांक /Dated : 17/07/2026 *a.k. Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order UE COPYAssistant Registrar Income Tax Appellate Tribunal Surat Bench, Surat
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