SRI SRI THAKUR RAM CHANDRA DEV ASSOCIATION,TIGRI MEHRAULI BADARPUR ROAD, TIGRI NEW DELHI vs. CIT (EXEMPTION) DELHI, ITD, GOVT. OF INDIA, MINISTRY OF FINANCE
What did the Tribunal hold?
The Tribunal found that the assessee's right to natural justice was violated. The matter was remitted back to the CIT(E) for fresh adjudication, with the assessee given liberty to file a revised application if necessary.
What were the facts?
The assessee's application for registration under Section 80G was rejected by the CIT(E) without providing an adequate opportunity of being heard. The assessee claimed the rejection was based on an inadvertent typographical error classifying it as a religious trust.
What were the issues?
Whether the CIT(E) erred in rejecting the 80G application without affording a proper opportunity of hearing and whether the classification as a religious trust was a genuine error.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES, ‘A’ NEW DELHI
Before: SHRI ANUBHAV SHARMA
आयकर अपीलीय अिधकरण, िद�ी पीठ�, नई िद�ी INCOME TAX APPELLATE TRIBUNAL, DELHI BENCHES, ‘A’ NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER ITA No.4693/DEL/2026 िनधा�रण वष�/Assessment Year: 2026-2027) SRI SRI THAKUR RAM CIT (EXEMPTION) DELHI CHANDRA DEV ASSOCIATION INCOME TAX DEPARTMENT, TIGRI MEHRAULI BADARPUR GOVT. OF INDIA, MINISTRY Vs. ROAD, TIGRI, NEW DELHI-110062, OF FINANCE NEW DELHI-110002, अपीलाथ� Appellant ��थ� Respondent
Permanent Account Number of Assessee: AABAS3256Q
अपीलाथ� �ारा/Appellant represented by: NONE ��थ� �ारा/Respondent represented by: Shri Rajore Satish Chandra Ramsevak, CIT DR सुनवाई की तारीख / Date of conclusion of hearing: 25.06.2026 घोषणा की तारीख / Date of pronouncement: 08.07.2026 आदेश / ORDER PER AMITABH SHUKLA, AM This appeal by the assessee is directed against the order of the Ld. Commissioner of Income Tax(Exemption), New Delhi, [hereinafter referred to as ‘ld. CIT(E)] dated 02.03.2026 passed under section 80G of the Income Tax Act, 1961, for Assessment Year 2026-27. The word ‘Act’ herein this order would mean Income Tax Act, 1961. 2. The assessee was called absent.
ITA 4693/DEL/2026 SRI SRI THAKUR RAM CHANDRA DEV ASSOCIATION 3. The ld. DR while relying upon the order of the lower authorities, took us through the factual matrix of the case. We have noted that the rights of natural justice of the assessee have been violated in as much as the impugned order u/s 80G dated 02.03.2026 has been passed without giving adequate opportunity of being heard. We have noted that the application for grant of registration u/s 80G has been rejected on the conclusion that the assessee is a religious trust. We have noted from the grounds of appeal that the assessee had pleaded before the ld. CIT(E) through its reply dated 26.02.2026 that the mistake of selecting assessee’s position as a religious trust was a case of inadvertent typographical error. The assessee has argued that the ld. CIT(E) ignored the said reply and proceeded to dismiss its petition u/s 80G of the Act. In the interest of justice, we remit the matter back to the file of Ld. CIT(E) for re-adjudication de novo, in accordance with law and by passing a speaking order. The assessee shall be bounden to comply with all the statutory notices and any non-compliance would be adversely viewed. The assessee shall also have the liberty to file revised application for registration u/s 80G if required as per rules. Accordingly, the appeal of the assessee is allowed for statistical purposes. 4. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 08th July, 2026.
Sd/- Sd/- [ANUBHAV SHARMA] [AMITABH SHUKLA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 08.07.2026
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ITA 4693/DEL/2026 SRI SRI THAKUR RAM CHANDRA DEV ASSOCIATION
Shekhar Copy forwarded to: 1. Appellant 2. Respondent 3. PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi,
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