AASHA KI UGATI KIRANE,FARIDABAD vs. ITO WARD 1(1), FARIDABAD
What did the Tribunal hold?
The Tribunal found that the CIT(E) passed an ex-parte order due to non-submission of documents. In the interest of justice, the matter was remitted back to the CIT(E) for de novo adjudication.
What were the facts?
The assessee's application for registration under section 80G(5)(ii) was rejected by the CIT(E) via an ex-parte order. The assessee contended that the order was passed without adequate opportunity of being heard, as notices were not received on its registered email.
What were the issues?
Whether the CIT(E) order was passed in violation of natural justice by not providing adequate opportunity of hearing to the assessee.
Which sections of the Income-tax Act were involved?
Section 80G(5)(ii),Section 12AB(I)(b)(ii)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES, ‘A’ NEW DELHI
Before: SHRI ANUBHAV SHARMA
PER AMITABH SHUKLA, AM This appeal filed by the Assessee is directed against the order of Ld. Commissioner of Income Tax (Exemption), New Delhi, dated 29.04.2025 passed under section 80G(5)(ii) for the Assessment Year 2022-23. The word ‘Act’ herein this order would mean Income Tax Act, 1961. 2. At the outset, ld. Counsel for the assessee submitted that its rights on natural justice have been violated in as much as the impugned order u/s 12AB(I)(b)(ii)
ITA 1610/DEL/2026 AASHA KI UGATI KIRANE
dated 29.04.2025 has been passed without giving adequate opportunity of being heard. It was contended that the notice calling for information and details were not issued/communicated to the appellant on its registered email id. The ld. Counsel assured that full cooperation would be made to the Revenue authorities and that the matter be remitted back to the CIT(E) for re-adjudication. 3. The ld. DR though relying upon the order of lower authorities did not oppose to the proposed move. 4. Heard rival parties in the light of material available on record. 5. The fact of ex-parte order of CIT(E) is evident from the conclusion drawn by him to reject assessee’s application of premise of non-submission of required documents. We are conscious that no litigant gains by non-prosecution of its case. 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. Accordingly, the appeal of the assessee is allowed for statistical purposes. 6. In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 29th June, 2026. Sd/- Sd/- [ANUBHAV SHARMA] [AMITABH SHUKLA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 29.06.2026 Shekhar
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ITA 1610/DEL/2026 AASHA KI UGATI KIRANE
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