SHREE DIGAMBER JAIN SHASWAT TEERATHRAJ SAMMED SHIKHAR TRUST ,GHAZIBAD vs. CIT E, DELHI

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ITA 5311/DEL/2026Status: DisposedITAT Delhi25 June 20262 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the order of the CIT(E) and remanded the case back for fresh adjudication. The assessee is granted a further opportunity to present its case and submit evidence.

What were the facts?

The assessee's application for registration under Section 80G of the Income Tax Act was rejected by the CIT(E) due to a lack of requisite submissions. The assessee claims to have produced relevant records before the CIT(E).

What were the issues?

Whether the CIT(E) properly considered the assessee's application for registration under Section 80G, and if the assessee was given adequate opportunity to present its case and evidence.

Which sections of the Income-tax Act were involved?

Section 80G

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

Hearing: 23.06.2026Pronounced: 25.06.2026

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI BEFORE MS MADHUMITA ROY, JUDICIAL MEMBER AND SHRI KRIWANT SAHAY, ACCOUNTANT MEMBER ITA No.5311/Del/2026 Assessment Year ---__ Shree Digambr Jain Vs Commissioner of Shashwat Teerathraj . Income Tax Sammed Shikhar Trust (Exemption) C/o Akhilesh Kumar Delhi Advocate 206-207, Ansal Satyam RDC Raj Nagar Ghaziabad (Appellant) (Respondent) PAN: AABTS8790E

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 17.03.2026 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.80G of the Act has been rejected.

2.

Having regard to this particular facts of non consideration of the application U/s 80G 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).

3.

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.

4.

Appeal preferred by the assessee is allowed for statistical purposes.

Order pronounced in the open court on 25/06/2026.

Sd /- Sd /- -/- (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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