THE PARAMOUNT EDUCATIONAL & WELFARE SOCIETY,DELHI vs. CIT(EXEMPTION), DELHI, DELHI
What did the Tribunal hold?
The Tribunal restored the matter to the CIT(E) for fresh adjudication, allowing the assessee a reasonable opportunity to present evidence. The assessee is directed to file necessary documents to prove the genuineness of its activities.
What were the facts?
The assessee society sought registration under Section 12A(1)(ac)(ii) and 80G(5)(ii) of the Income Tax Act. The CIT(E) rejected the applications as the assessee failed to provide requested details to substantiate the genuineness of its activities.
What were the issues?
Whether the CIT(E) was justified in rejecting the registration applications for failure to provide details, and if the assessee should be granted another opportunity to submit evidence.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘E’: NEW DELHI
Before: SHRI MAHAVIR SINGH & SHRI MANISH AGARWAL
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’: NEW DELHI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITAs No.2793 & 2794/Del/2026 (ASSESSMENT YEAR -------)
The Paramount Educational & CIT(Exemptions), Welfare Society, Delhi. LU-4, Pitampura, Vs. Delhi-110035. PAN-AABTPO334M (Appellant) (Respondent) Assessee by Shri V.K. Bindal, CA Shri Anmol Jha, Adv. Department by Ms. Runi Pal, CIT-DR. 09/07/2026 Date of Hearing Date of Pronouncement 09/07/2026 O R D E R PER MANISH AGARWAL, AM: Both the appeals are filed by the assessee against the order of the Ld. Commissioner of Income Tax (Exemption), Delhi [CIT(E), in short] dated 10.03.2026 rejecting the approval/registration sought u/s 12A(1)(ac)(ii) and 80G(5)(ii) of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’).
From the perusal of both the orders, that the Ld. CIT(E) has denied the registration u/s 12AB(1)(ac)(ii) as the assessee has failed to provide the details as sought for time to time and thus, the Ld. CIT(E) was the opinion that the assessee has
2 ITA Nos.2793 & 2794/Del/2026
failed to substantiate the genuineness of its activity. On similar grounds, application for registration u/s 80G(5) was also dismissed.
Before us, the Ld. AR of the assessee submits that the assessee though was not able to file the details before the Ld. CIT(E), however, he requested that assessee may be granted one more opportunities to represent its case before the Ld. CIT(E) to file the documentary evidences as required by Ld. CIT(E).
In reply, the Ld. CIT-DR supported the orders of Ld. CIT(E) and requested for the confirmation of the same.
We have heard the rival submissions and from the perusal of the order of Ld. CIT(E), it is seen that the Ld. CIT(E) on various occasions asked the assessee to file the details to establish the genuineness of its activity being carried out for charitable purposes. However, the assessee has failed to file any such information before the Ld. CIT(E), thus, the CIT(E) has denied the registration u/s 12A(1)(ac)(ii) and 80G(5) of the Act.
Under these facts and circumstances of the case and in the interest of natural justice, the matter is restored back to the file of Ld. CIT(E) for fresh adjudication on merits in accordance with law after providing reasonable opportunities to the assessee. The Assesse is also directed to file the necessary evidences before the Ld. CIT(E) in order to establish the genuineness of its activity. With these directions all the grounds of appeal on both the appeal filed by the assessee are allowed for statistical purposes.
3 ITA Nos.2793 & 2794/Del/2026
In the result, ITA 2793/Del/2026 and 2794/Del/2026 are allowed for statistical purposes. Order pronounced in the open Court on 09.07.2026.
Sd/- Sd/- - (MAHAVIR SINGH) (MANISH AGARWAL) VICE PRESIDENT ACCOUNTANT MEMBER Dated: 13.07.2026. *PK, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI
More judgments on Section 12A(1)(ac)(ii)
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- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 592/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
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