NEW INDIA MOVEMENT,DELHI vs. SHRI PRAKASH DUBEY CIT(EXEMPTION), DELHI
What did the Tribunal hold?
The Tribunal found that the ex-parte order was passed due to non-submission of required documents. In the interest of justice, the matter was remitted back to the CIT(E) for re-adjudication.
What were the facts?
The assessee's appeal was against an order passed by the CIT(Exemption) under section 12A. The assessee contended that their rights to natural justice were violated as the order was passed without adequate opportunity of being heard.
What were the issues?
Whether the CIT(Exemption) order under Section 12A was passed without affording adequate opportunity of hearing 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 BENCHES, ‘A’ NEW DELHI
Before: SHRI ANUBHAV SHARMA
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 4706/DEL/2026 िनधा�रण वष�/Assessment Year: 2026-27) NEW INDIA MOVEMENT SHRI PRAKASH DUBEY CIT(EXEMPTION) 185 FF BHAI PARMANAND COLONY, NEW DELHI-110009, MINTO ROAD CIVIC CENTRE Vs. DELHI NEW DELHI-110002, DELHI अपीलाथ� Appellant ��थ� Respondent
Permanent Account Number of Assessee: AACTN1221E
अपीलाथ� �ारा/Appellant represented by: Ms Manju Goel, CA & Shri B L Gupta, CA ��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 आदेश / ORDER 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 09.03.2026 passed under section 12A for the Assessment Year 2026-27. 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 12A dated 09.03.2026 has been passed without giving adequate opportunity of being heard.
ITA 4706/DEL/2026 NEW INDIA MOVEMENT
It was contended that the notice calling for information and details were not issued/communicated to the appellant. 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/- Sd/- Sd/- [ANUBHAV SHARMA] [AMITABH SHUKLA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 29.06.2026 Shekhar Copy forwarded to: 1. Appellant
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ITA 4706/DEL/2026 NEW INDIA MOVEMENT
Respondent 3. PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi,
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