SHREE SHYAM GAUSEWA SOCIETY,V-NALOI, TEH-SIWANI vs. ITO EXEMPTIONS, ROHTAK, ROHTAK

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ITA 4362/DEL/2026Status: DisposedITAT Delhi29 June 2026AY 2024-254 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay and found that the CIT(E) had rejected the assessee's applications without due consideration and without providing a reasonable opportunity of being heard. The matter was set aside and remitted back to the CIT(E) for fresh adjudication.

What were the facts?

The assessee filed appeals against the rejection of its applications for registration under Section 12A and 80G. The appeals were filed with a significant delay, which the assessee attributed to communication issues with their former counsel.

What were the issues?

Whether the rejection of applications for registration under Section 12A and 80G was done without adhering to principles of natural justice and due process. Whether the delay in filing the appeal should be condoned.

Which sections of the Income-tax Act were involved?

Section 12A,Section 80G,Section 12AB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES, ‘A’ NEW DELHI

Before: SHRI ANUBHAV SHARMA

Pronounced: 29.06.2026

आयकर अपील�य अ�धकरण, �द�ल� पीठ�, नई �द�ल� INCOME TAX APPELLATE TRIBUNAL, DELHI BENCHES, ‘A’ NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER ITA Nos.4361 & 4362/DEL/2026 िनधा�रण वष�/Assessment Year: 2024-25) SHREE SHYAM GAUSEWA ITO EXEMPTIONS, ROHTAK ITO EXEMPTIONS, AAYKAR SOCIETY V-NALOI, TEH-SIWANI, DISTT- BHAWAN NEAR Vs. BHIWANI, BHIWANI-127046, MANSAROVAR PARK, HARYANA ROHTAK HARYANA-124001, अपीलाथ� Appellant ��थ� Respondent

Permanent Account Number of Assessee: ABOAS6705Q

अपीलाथ� �ारा/Appellant represented by: Shri Prem Rajpal, Adv. & Ms. Pulak Rajpal, Adv. ��थ� �ारा/Respondent represented by: Shri Rajore Satish Chandra Ramsevak, CIT-DR सुनवाई की तारीख / Date of conclusion of hearing: 24.06.2026 घोषणा की तारीख / Date of pronouncement: 29.06.2026 ORDER PER BENCH

These two appeals by the assessee are directed against the order of the Ld. Commissioner of Income Tax(Exemption), Chandigarh, [hereinafter referred to as ‘ld. CIT(E)] both dated 26.11.2024 passed under section 12AB(1)(b)(ii) and 80G of the Income Tax Act, 1961. The word ‘Act’ herein this order would mean Income Tax Act, 1961. 2. At the outset, the Registry has identified the delay of 445 days in filing the appeal before the Tribunal. The ld. Counsel for the assessee submitted that the delay has arisen on account of Revenue’s communications being sent on e-mail ID of the earlier counsel and that the same was neither intentional nor mala fide. For the reasons stated in the assessee’s condonation petition attributing delay for 445 days to the circumstances beyond its control, we quote Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 ITR 471 (SC) to condone the delay. 3. The appeal of the assessee vide ITA No.4361/Del/2026 is regarding the rejection of its request filed under section 80G(5)(ii) of the Act. The appeal of the assessee vide ITA No.4362/Del/2026 is regarding the rejection of its request filed under section 12A(1)(ac)(ii) of the Act. As both the appeals are of the same assessee concerning common issues of rejection of its application under section 12A and 80G, they were heard together and for the purposes of convenience, adjudicated by this common order.

4.

At the outset, ld. Counsel for the assessee submitted that its right to natural justice has been violated in as much as due opportunity of being heard has not been given before rejecting its request for grant of registration u/s 12A and 80G of the Act. The ld. Counsel accordingly requested that it be provided one last chance to defend its case and, the matter be considered for remission back to the ld. CIT(E). The ld. Counsel assured that full compliance shall be made to the statutory notices issued by the Revenue authorities.

5.

The ld. DR placed reliance upon the orders of the lower authorities. The ld. DR however could not controvert the factum of ex-parte decision of ld. CIT(E).

6.

We have heard rival submissions and perused the material available on record. We have noted that the Ld. CIT(E) has rejected applications of the assessee without due consideration of facts on records alluding towards a non- application of mind. We have noted that the ld. CIT(E) has dismissed assessee’s application for grant of registration under section 12A and u/s 80G purely on account of non-compliance of the assessee. Reasonable opportunity of being heard is right of every tax payer. Be that as it may be in the interest of justice, we deem it appropriate to set-aside the impugned orders of the ld. CIT(E) and remit the matter of grant of registration u/s 12A as well as u/s 80G back to ld. CIT(E) for adjudication de novo in accordance with law. Due opportunity of being heard shall be given to the assessee. The assessee shall comply with all the statutory notices and any non-compliance shall be adversely viewed. Accordingly, the appeals of the assessee vide ITA No.4361/Del/2026 and vide ITA No. 4362/Del/2026 are allowed for statistical purposes.

7.

Finally, both the appeals of the assessee are 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 Page 3 of 4 Shekhar Copy forwarded to: 1. Appellant 2. Respondent 3. PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi, 1. Date of dictation directly on computer of the Tribunal order 24.06.2026 2. Date on which typed draft order is placed before the dictating 24.06.2026 Member 3 Date on which typed draft order is placed before the other 24.06.2026 Member (in the case of DB) 4. Date on which the approved draft order comes to P.S/Sr.P.S 5. Date on which the fair Order is placed before the dictating Member for sign 6. Date on which the fair Order is placed before the other Member for sign ( in the case of DB) 7. Date on which the Order comes back to P.S./Sr.P.S for uploading on ITAT website 8. Date of uploading, if not, reason for not uploading 9. Date on which the file goes to the Bench Clerk 10. Date on which order goes for xerox 11. Date on which order goes for endorsement 12. Date on which the file goes to the Superintendent/O.S. for checking 13. Date on which the file goes to the Assistant Registrar for signature on the order 14. Date on which the file goes to dispatch section for dispatch the Tribunal Order 15. Date of dispatch of order 16. Date on which file goes to Record Room after dispatch the order

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