SHIRDI SAI SMRITI SANSTHAN,DELHI vs. CIT E, DELHI
What did the Tribunal hold?
The Tribunal set aside the CIT(E)'s order and remanded the case back for fresh adjudication. The assessee is to be granted an opportunity to be heard and present evidence.
What were the facts?
The assessee's application for registration under Section 12A(1)(b)(ii) was rejected by the CIT(Exemption) due to a lack of requisite submissions. The assessee had produced relevant records before the CIT(E).
What were the issues?
Whether the CIT(Exemption) properly considered the assessee's application for registration under Section 12A, and if a further opportunity for hearing and submission of evidence should be granted.
Which sections of the Income-tax Act were involved?
Section 12A(1)(b)(ii)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “B”: NEW DELHI
Before: MS MADHUMITA ROY & SHRI KRIWANT SAHAY
INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI BEFORE MS MADHUMITA ROY, JUDICIAL MEMBER AND SHRI KRIWANT SAHAY, ACCOUNTANT MEMBER ITA No. 5271Del/2026 Assessment Year -__ Shirdi Sai Smriti Sansthan Vs CIT(Exemption) H. No. 230, Naraina Vihar, . New Delhi-110028 (Appellant) (Respondent) PAN: AAATD4560E
Appellant by None Respondent by Sh. Rajesh Mahajan, CIT DR
Date of Hearing 23.06.2026 Date of Pronouncement 25.06.2026 O R D E R PER KRINWANT SAHAY, A.M.: 1. The above captioned appeal filed by the assessee is directed against the order dated 12.03.2026 passed by the CIT(E), Delhi whereby and whereunder in the absence of requisite submissions made by the applicant in support of the application in Form No. 10AB for registration u/s 12A(I)(b)(ii) of the Act has been rejected.
Having regard to this particular facts of non consideration of the application U/S 12A of the Act by the Ld CIT(E) in its proper perspective in spite of relevant records having been duly produced by the assessee before him, in order to prevent the miscarriage of justice, we would like to grant a further opportunity to the assessee to represent its case effectively before the Ld. CIT(E).
Thus, the appeal is disposed of by setting aside the issue to the file of the Ld. CIT(E) for fresh adjudication of the same upon granting an opportunity of being heard to the assessee and upon considering the evidences on record or any other evidence which the assessee may choose to file at the time of hearing of the matter.
Appeal preferred by the assessee is allowed for statistical purposes.
Order pronounced in the open court on 25/06/2026.
Sd/- Sd/- Ss/- -/- (MADHUMITA ROY) (KRINWANT SAHAY) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated:25/06/2026 *Neha, Sr. PS* Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi
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