TEMPLE TRUST SHREE BHAGSU NAG,HIMACHAL PRADESH vs. CIT (E), CHANDIGARH, CHANDIGARH
What did the Tribunal hold?
The Tribunal admitted the appeal, set aside the impugned order, and restored the issue of registration back to the CIT(E) for fresh adjudication. The assessee was directed to plead and prove its case.
What were the facts?
The assessee, a temple trust, filed an application for registration under Section 12A(1)(ac)(iii) which was rejected by the CIT(E) for want of requisite information. The assessee is an old trust and has enjoyed charitable status in earlier years.
What were the issues?
Whether the rejection of the application for registration under Section 12A(1)(ac)(iii) by the CIT(E) was justified, and if the assessee should be given an opportunity to provide the missing information.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, CHANDIGARH
Before: HON’BLE SHRI LALIET KUMAR, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aggrieved by rejection of an application as filed by the assessee seeking registration u/s 12A(1)(ac)(iii) vide impugned order dated 04- 12-2024 of Ld. Commissioner of Income Tax (Exemption), Chandigarh, [CIT(E)], the assessee is in further appeal before us. The registry has noted delay of 396 days in the appeal, the condonation of which has been sought by Ld. AR. Upon perusal of para 3.1 & 3.2 of the impugned order, it could be seen that the application has been rejected
for want of requisite information / documents from the assessee. The Ld. AR stated that the assessee is an old trust and it is a notified entity under Himachal Pradesh Hindu Public Religious institutions and Charitable Endowments Act, 1984. The Ld. AR has stated that the assessee-trust has enjoyed charitable status in earlier years. It has thus been stated that the assessee is in a position to substantiate its application. 2. Keeping in mind the principles of natural justice and in view of the fact that the assessee is a charitable trust, we admit the appeal and accept the prayer of Ld. AR. Accordingly, the impugned order is set aside and the issue of registration stand restored back to Ld. CIT(E) for fresh adjudication with a direction to the assessee to plead and prove its cases forthwith. 3. The appeal stands allowed for statistical purposes. Order pronounced on 14th July, 2026 -Sd- -Sd- (LALIET KUMAR) (MANOJ KUMAR AGGARWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER AS Dated: 14-07-2026 आदेश की �ितिलिप अ�ेिषत /Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF
ASSISTANT REGISTRAR ITAT CHANDIGARH
More judgments on Section 12A(1)(ac)(iii)
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- 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
- Sanskardham Nandan, Mehsana vs CIT(Exemption), AhmedabadITA 2980/AHD/2026[2025-26]Status: Disposed16 Oct 2026AY 2025-26
- D vs Welfare Foundation, Thanevs.Income Tax…ITA 6191/MUM/2026[2025-26]Status: Disposed12 Oct 2026AY 2025-26
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