H.P LOHIA FOUNDATION ,HARYANA vs. CIT - (EXEMPTIONS) , CHANDIGARH

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER and SHRI VIMAL KUMAR, JUDICIAL MEMBER ITA No.4221/DEL/2026 ITA No.4222/DEL/2026 H.P. Lohia Foundation, vs. CIT (Exemptions), Manaskriti School, Chandigarh. Sector 82, Faridabad – 121 004 (Haryana). (PAN : AAATH9325H) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri R.B. Mathur, CA REVENUE BY : Shri Yashvendra Singh, CIT DR Date of Hearing : 23.06.2026 Date of Pronouncement : 24.06.2026 O R D E R PER BENCH : 1. The assessee has filed appeals against the order of the Learned Commissioner of Income Tax (Exemption), Delhi [“Ld. CIT(E)”, for short] dated 17.02.2026 under section 12AB and 80G of the Income-tax Act, 1961 (for short ‘the Act’). 2. Heard both the parties and perused the material on record. We observed that the ld. CIT (E) rejected the application for registration u/s 12AB of the Income-tax Act, 1961 (for short ‘the Act’) without giving any opportunity of

2 ITA Nos.4221 & 4222/Del/2026 being heard to the assessee. It is brought to our notice that assessee had sought adjournment and also submitted the relevant documents for seeking registration but the same was not considered. In our considered view and in the interest of justice, assessee should be given one more opportunity of being heard on merit. Therefore, we direct ld. CIT (E) to give an opportunity of being heard to the assessee and decide the issue on merit as per law. We also direct assessee to make proper submissions and appear before the ld.CIT (E) on the date of hearing and cooperate with the tax authorities. Accordingly, the appeal filed by the assessee is allowed for statistical purposes. 3. Similarly, the registration u/s 80G was also rejected on the same ground. The assessee is in appeal before us by filing separate appeal vide ITA No.4222/Del/2026. We remit this issue also back to the file of ld. CIT (E) in the interest of justice. Both the issues under consideration may be decided as per law. 4. In the result, the appeals filed by the assessee are allowed for statistical purposes. Order pronounced in the open court on this 24th day of June, 2026.

Sd/- sd/- (VIMAL KUMAR) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER

Dated : 24.06.2026 TS

3 ITA Nos.4221 & 4222/Del/2026