SNEHA MANAV FOUNDATION,MUMBAI vs. CIT (EXEMPTIONS) MUMBAI, MUMBAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since the CIT(E) had subsequently granted registration under sections 12AB and 80G, the grounds raised in the appeals challenging the earlier rejection orders had become infructuous. Therefore, the appeals were dismissed.
What were the facts?
The assessee's applications for registration under sections 12AB and 80G were rejected by the CIT(E) due to the absence of an irrevocability clause in the trust deed. Subsequently, the CIT(E) passed fresh orders granting registration under both sections, albeit with certain conditions.
What were the issues?
Whether the appeals challenging the rejection of registration are maintainable when fresh orders granting registration have been passed. The impact of subsequent favorable orders on pending appeals.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
Before: SHRI VIKRAM SINGH YADAVSHRI SANDEEP SINGH KARHAIL
PER SANDEEP SINGH KARHAIL, J.M.
The assessee has filed the present appeals against the separate impugned orders of even date 29.12.2025, passed by the learned Commissioner of Income Tax (Exemptions), Mumbai, [“learned CIT(E)”], rejecting the applications filed by the assessee seeking registration under section 12AB and section 80G of the Income Tax Act, 1961 (“the Act”) on account of the absence of an irrevocability clause in the trust deed.
2 ITA No.2427 & 2428/Mum/2026
In its appeal being ITA No. 2427/Mum/2026 against the rejection of registration under section 12AB of the Act, the assessee has raised the following grounds: - “Material and relevant documents on record ignored a) The Id. CIT (E) ignored the material & relevant documents w.r.t. existence of irrevocability clause in the trust deed placed on record by YA' and passed an order rejecting application for renewal under section 12AB; the order deserves to be quashed. b) The Id. CIT (E) ignored the material & relevant documents w.r.t. dissolution of YA' being governed by section 22(3B) of MPTA placed on record by YA' and passed an order rejecting application for renewal under section 12AB; the order deserves to be quashed. Ground 2 Satisfaction of the triple conditions a) The conditions to be examined by the CIT (E) vide section 12AA (1), at the stage of renewal of registration, are limited to satisfying himself about the objects of the trust & the genuineness of activities..& the compliance of such requirements of any other law for the time being in force -the violation of none of which is the basis of rejection; the order deserves to be quashed. b) The rejection of renewal despite YA' satisfying the triple conditions and premising it on considerations not enshrined in the Income-tax Act violates the tenet of the law in this respect & deserves to be quashed in limine. Ground 3 CIT (E) be directed to rectify his order under section 154 The failure of the Id. CIT (E) to pass an order under section 154 to rectify the mistake apparent from the record, requires that he be directed to do so, in accordance with judgment of Hon'ble ITAT in Kashmir Steel Rolling Mills o Rupam Impex upholding the order of CIT (A) directing AO to rectify the mistake apparent from the record; in the alternative the order be quashed. Ground 4 Harsh provisions to be enforced when all other options exhausted The ld. CIT (E) failed to realise that there are sufficient provisions in the Act- assessments & reassessments, section 115TD etc- always available to the department, that should obviate easy enforcement of the harsh action of denial of registration. Ground 5
3 ITA No.2427 & 2428/Mum/2026
Citizen's charter violated The said order violates the proclaimed mission in the Citizen's Charter (Section 119A), inter alia, to be accountable and transparent and act... in a fair and judicious manner'; the order deserves to be quashed at the very threshold.”
During the hearing, the learned Authorised Representative (“learned AR”) placed on record the copy of the separate orders of even date 16.04.2026 passed by the learned CIT(E) granting registration to the assessee under section 12AB and section 80G of the Act in respectful compliance with the decision of the Hon’ble Jurisdictional High Court in the case of The Chamber of Tax Consultants Vs. The Commissioner of Income Tax (Exemptions), reported in [2026] 184 taxmann.com 374 (Bom). On perusal of these orders, we find that the registration has been granted subject to certain conditions laid down by the learned CIT(E).
Since the grounds raised by the assessee in the present appeals pertain to the denial of registration under section 12AB and section 80G of the Act, arising out of separate impugned orders of even date 29.12.2025, we are of the considered view that, in view of the recent orders dated 16.04.2026 passed by the learned CIT(E) granting the registration to the assessee, the said grounds have become infructuous and therefore are dismissed.
We may further note that the dismissal of the grounds raised by the assessee in the present appeals shall not affect the right of the assessee to challenge the recent orders dated 16.04.2026 passed by the learned CIT(E) granting registration under section 12AB and section 80G of the Act with certain conditions.
4 ITA No.2427 & 2428/Mum/2026
In the result, both appeals by the assessee are dismissed as infructuous. Order pronounced in the open Court on 22/05/2026
Sd/- Sd/- SANDEEP SINGH KARHAIL VIKRAM SINGH YADAV JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 22/05/2026 Prabhat Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Mumbai; and (5) Guard file. By Order
Assistant Registrar ITAT, Mumbai
More judgments on Section 12AB
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