SUSHILA BHAWAN TRUST,HISAR vs. CIT(EXEMPTION), ROHTAK
What did the Tribunal hold?
The Tribunal found that the CIT(E) had 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 re-adjudication de novo.
What were the facts?
The assessee's appeal was against an order passed by the CIT(Exemption) under section 12A. The assessee contended that the order was passed ex-parte without adequate opportunity of being heard, as notices were not properly communicated.
What were the issues?
Whether the CIT(E) order under Section 12A was passed in violation of natural justice principles due to lack of proper notice and opportunity to be heard.
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 4904/DEL/2026 िनधा�रण वष�/Assessment Year: 2025-26) SUSHILA BHAWAN TRUST CIT(EXEMPTION) MANDI ROAD, HISAR, HISAR- ZILA PARISHAD BUILDING, 125001, HARYANA Vs. ROHTAK HISAR-124001, अपीलाथ� Appellant ��थ� Respondent
Permanent Account Number of Assessee: AAETS8219D
अपीलाथ� �ारा/Appellant represented by: Shri Samyak Jain, 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 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 23.02.2026 passed under section 12A for the Assessment Year 2025-26. 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 23.02.2026 has been passed without giving adequate opportunity of being heard. 1
ITA 4904/DEL/2026 SUSHILA BHAWAN TRUST
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 2. Respondent
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ITA 4904/DEL/2026 SUSHILA BHAWAN TRUST
PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi,
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