SHIVAM SATI MEMORIAL FOUNDATION,DELHI vs. CIT E , DELHI
What did the Tribunal hold?
The Tribunal set aside the orders of the CIT(E) and remanded the matters back for fresh adjudication. The assessee was granted a further opportunity to represent its case and present evidence.
What were the facts?
The assessee's applications for registration under Section 12A and approval under Section 80G were rejected by the CIT(E) due to a lack of requisite submissions. The assessee had produced relevant records before the CIT(E).
What were the issues?
Whether the CIT(E) properly considered the assessee's applications for registration and approval, and whether a further opportunity should be granted to the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “B”: NEW DELHI
Before: MS MADHUMITA ROY & SHRI KRIWANT SAHAY
INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI BEFORE MS MADHUMITA ROY, JUDICIAL MEMBER AND SHRI KRIWANT SAHAY, ACCOUNTANT MEMBER ITA Nos. 5120 & 5119/Del/2026 (Assessment Years: 2026-27) Shivam Sati Memorial Vs. CIT(E), Foundation, Delhi S 436, Basement Greater Kailash, South Delhi (Appellant) (Respondent) PAN: ABCTS5249J Assessee by : Shri Basant Kumar, Adv Revenue by: Shri Rajesh Mahajan, CIT DR Date of Hearing 22/06/2026 Date of pronouncement 03/07/2026
O R D E R PER MADHUMITA ROY, J. M.: 1. Both the appeals filed by the assessee are directed against the orders both dated 06.03.2026 passed by the CIT(E), Delhi whereby and whereunder in the absence of requisite submissions made by the applicant in support of the application in Form No. 10AB seeking registration under Section 12A/80G of the Act has been rejected. Further that, consequently the approval under Section 80G also stood rejected.
Having regard to this particular facts of non consideration of the applications U/S 12A and 80G of the Act by the Ld CIT(E) in its proper perspective in spite of relevant records having been duly produced by the assessee before him, in order to prevent the miscarriage of justice, we would like to grant a further opportunity to the assessee to represent its case effectively before the Ld. CIT(E).
Thus, both these appeals are disposed of by setting aside the issues to the file of the Ld. CIT(E) for fresh adjudication of the same upon granting an Page | 1
ITA Nos. 5120 & 5119/Del/2026 Shivam Sati Memorial Foundation
opportunity of being heard to the assessee and upon considering the evidences on record or any other evidence which the assessee may choose to file at the time of hearing of the matter.
Appeals preferred by the assessee are allowed for statistical purposes.
Order pronounced in the open court on 03/07/2026.
-Sd/- -Sd/- (KRIWANT SAHAY) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 03/07/2026 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi
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