MISSION HOPP ,GEETA COLONY, DELHI vs. ITO, CIRCLE EXEMPT 1(1) NEW DELHI, CIVIC CENTRE, NEW DELHI
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeals. Considering the possibility of communication gaps, the matters were restored back to the CIT(E) for fresh adjudication.
What were the facts?
The assessee filed appeals against the CIT(E)'s orders rejecting their applications for registration under Section 12AB and approval under Section 80G. There was a significant delay in filing these appeals.
What were the issues?
Whether the appeals filed with a significant delay should be admitted and whether the case should be remanded for fresh adjudication due to potential communication gaps.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘G’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA & SHRI NAVEEN CHANDRA
IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘G’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI NAVEEN CHANDRA, ACCOUNTANT MEMBER ITA No.1186 & 1187/Del/2026 Assessment Year: 2025-26 Mission Hopp, Vs. Income Tax Officer, 203, Gali No. 11, Circle (Exemption)- 1(1), Geeta Colony, New Delhi Delhi PAN: AAETM3036E (Appellant) (Respondent) Assessee by Sh. Mohammad Nizim, CA Department by Ms. Kranti, CIT(DR)
Date of hearing 12.05.2026 Date of pronouncement 12.05.2026 ORDER PER SATBEER SINGH GODARA, JM These assessee’s twin appeals ITA Nos. 1186 & 1187/Del/2026 for assessment year 2025-26, arises against the Commissioner of Income Tax (Exemption) [in short, the “CIT(E)”], Delhi’s orders, both dated 25.09.2024 having DINs and orders no. ITBA/EXM/F/EXM45/2024-25/1069085044(1) and ITBA/EXM/F/EXM45/2024-25/1069085115(1), involving
ITA No.1186 & 1187/Del/2026
proceedings under sections 12AB and 80G of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused. 2 For the reasons stated in the assessee’s condonation averments, delay of 429 days in filing both the instant appeals are condoned in light of Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 ITR 471 (SC). 3. Learned counsel submits that on account of communication gaps at various levels, the assessee could not appear to plead and prove all the relevant facts in the CIT(E); and; therefore, the matters may be restored back to the CIT(E) for his afresh adjudication. The Revenue vehemently supports the learned lower authority’s action rejecting the assessee’s section 12A registration and section 80G approval on merits. 3. Be that as it may, the fact remains that possibility of some communication gaps between the taxpayer, auditor and the arguing counsel in such an instance could not be altogether ruled out. It is therefore deemed appropriate in the larger interest of justice to restore the assessee’s instant cases back to the CIT(E) for their afresh appropriate adjudication, within three effective
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ITA No.1186 & 1187/Del/2026
opportunities of hearing, at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly. 4. These assessee’s twin appeals ITA Nos. 1186 & 1187/Del/2026 are allowed for statistical purposes. A copy of this common order be placed in the respective case files. Order pronounced in the open court on 12th May, 2026 Sd/- Sd/- (NAVEEN CHANDRA) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 18th May, 2026. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
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More judgments on Section 12AB
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