SHRI GANPATI MANDIR SANSTHA,AITHOR vs. INCOME TAX DEPARTMENT, CIT(EXEMPTION), AHMEDABAD, AHEMDABAD

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ITA 887/AHD/2026Status: DisposedITAT Ahmedabad30 April 20263 pages
AI SummaryRemanded

What did the Tribunal hold?

The tribunal set aside the order of the CIT(Exemption) and restored the matter for fresh consideration. The CIT(Exemption) was directed to give adequate opportunity to the assessee to present its case.

What were the facts?

The assessee trust applied for renewal of registration under Section 12AB(1)(b)(ii)(B) of the Income Tax Act. The CIT(Exemption) rejected the application without providing a proper opportunity for the assessee to present its case.

What were the issues?

Whether the CIT(Exemption) rejected the application for registration renewal without affording a proper opportunity of being heard to the assessee.

Which sections of the Income-tax Act were involved?

Section 12AB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD

Before: SHRI SANJAY GARG & SHRI NARENDRA PRASAD SINHA

For Appellant: Shri Hasmukh Desai, A.R, Shri Rignesh Das, CIT. DR
For Respondent: Shri Rignesh Das, CIT. DR
Hearing: 30/04/2026Pronounced: 30/04/2026

Per Sanjay Garg, Judicial Member:

The present appeal has been filed by the assessee against the order of the Ld. Commissioner of Income Tax (Exemption), (hereinafter referred to as “CIT(E)”), Ahmedabad dated 08.03.2026.

ITA No.887/Ahd/2026 [Shri Ganpati Mandir Sanstha vs. CIT(Exemption)] - 2 – 2. The assessee in this appeal is aggrieved by the action of the Ld. CIT(E) in rejecting the application of the assessee trust for renewal of the registration u/s.12AB(I)(b)(ii)(B) of the Income Tax Act, 1961 (hereinafter referred to as the “Act”).

3.

At the outset, Ld. Counsel for the assessee submitted that the Ld. CIT(E) has rejected the application of the assessee trust for renewal of the registration u/s.12AB(I)(b)(ii)(B) of the Act without giving proper opportunity to the assessee trust to present its case and even without considering the relevant details and submissions already furnished by the assessee on record. Ld. Counsel has submitted that only one opportunity was granted by the Ld. CIT(E) to furnish the requisite details against which the assessee trust filed the requisite details, however, the Ld. CIT(E) without considering the same rejected the application of the assessee in a mechanical manner.

4.

Considering the above submissions and going through the impugned order of the Ld. CIT(E), we are of the view that interests of justice will be well served, if the assessee be given an opportunity to present its case before the Ld.CIT(E). Accordingly, the impugned order of the Ld.CIT(E) in relation of the application is hereby set aside and the matter is restored to the file of the Ld.CIT(E) for decision afresh on the application of the assessee. Needless to say that the Ld.CIT(E) will give proper and adequate opportunity to the assessee to present its case and, thereafter, will

ITA No.887/Ahd/2026 [Shri Ganpati Mandir Sanstha vs. CIT(Exemption)] - 3 –

decide the application on merits in accordance with law. The appeal of the assessee trust is treated as allowed for statistical purpose.

5.

In the result, the appeal filed by the assessee trust is treated as allowed for statistical purposes.

This Order pronounced on 30/04/2026

Sd/- Sd/- (NARENDRA PRASAD SINHA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 30/04/2026 S. K. SINHA True Copy आदेश क� �ितिल�प अ�े�षत/Copy of the Order forwarded to : अपीलाथ� / The Appellant 1. ��यथ� / The Respondent. 2. 3. संबंिधत आयकर आयु� / Concerned CIT आयकर आयु�(अपील) / The CIT(A)- 4. 5. �वभागीय �ितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad गाड� फाईल / Guard file. 6. आदेशानुसार/ BY ORDER,

उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad

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