BHARTIYA KISSAN SANGH VIVEKA NAND SCHOOL,HARYANA vs. ITO WARD-1, KARNAL, HARYANA
What did the Tribunal hold?
The Tribunal held that the rejection of previous applications cannot be a ground for rejecting a subsequent application for registration. The matter was restored to the CIT(E) for reconsideration on merits.
What were the facts?
The assessee's application for registration under Section 12A of the Income Tax Act was rejected by the CIT(E). The rejection was based on a previous rejection of a similar application. The assessee did not appeal the earlier rejection but resubmitted the application.
What were the issues?
Whether the rejection of a prior application for registration under Section 12A can be the sole basis for rejecting a subsequent application for the same.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: SHRI RAMIT KOCHAR
PER MADHUMITA ROY, JM: The instant appeal filed by the assessee is directed against the order/intimation letter dated 03.10.2025 passed by the Ld. Commissioner of Income-tax (E), Chandigarh [hereinafter referred to as the Ld. CIT(E)] under Section 12A(1)(ac)(iii) of the Income Tax Act, 1961 (hereinafter referred to as
ITA 6989/DEL/2025 BHARTIYA KISSAN SANGH VIVEKA NAND SCHOOL ‘the Act’) rejecting the application of the assessee for registration under Section 12A of the Act.
It was submitted by the Ld. Counsel for the assessee that the assessee’s application was rejected on the ground that the earlier application of the assessee for registration under Section 12A(1)(ac)(iii) was rejected by and under the order of the CIT(E) dated 26.02.2024. It was further submitted by the Ld. Counsel that against the order dated 26.02.2024, no appeal was filed by the assessee before the Tribunal and the assessee chose to resubmit the application for registration, in response to which the order/intimation letter dated 03.10.2025 has been conveyed to the assessee.
We have heard the parties and perused the record. It is now well settled that the rejection of earlier applications cannot be a aground for the CIT(E) to reject the subsequent applications for registration under Section 12A of the Act. Under these facts and circumstances of the matter, we restore the matter to the file of the Ld. CIT(E) with a direction to re-consider the application of the assessee on merits upon considering the material available on record and any other material evidence that the assessee may choose to file at the time of hearing and upon affording a reasonable opportunity of being heard to the assessee.
ITA 6989/DEL/2025 BHARTIYA KISSAN SANGH VIVEKA NAND SCHOOL
In the result, the appeal filed by the Assessee is allowed for statistical purpose.
Order pronounced in the open court on 24th June, 2026.
Sd/- Sd/- (RAMIT KOCHAR) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 24th June, 2026. dk
Copy to: BHARTIYA KISSAN SANGH VIVEKA NAND SCHOOL, KESAV TAILOR FRASHWALA ROAD, 1 CHANDANA GATE, CHANDANA B.O, SHAKTI NAGAR, KAITHAL-136027, HARYANA
ITO WARD-1, KARNAL, 2 KARNAL, HARYANA, KARNAL-132001, HARYANA
3 THE PCIT / CIT, 4 THE D.R., ITAT, DELHI BENCH 5 GUARD FILE
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