GLOBAL INDIAN FOUNDATION,LAXMI NAGAR, DELHI vs. CIT, EXAMTION DELHI, MINTO ROAD

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ITA 4249/DEL/2026Status: DisposedITAT Delhi24 June 2026AY 2027-283 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(E) rejected the application mechanically and without proper consideration of documents. Citing a contrary High Court ruling, the Tribunal directed the CIT(E) to grant the assessee an opportunity of being heard on merit.

What were the facts?

The assessee filed appeals against the rejection of registration under sections 12AB and 80G of the Income-tax Act by the CIT(Exemptions). The CIT(E) rejected the application mechanically and on the basis of a missing irrevocability clause.

What were the issues?

Whether the rejection of registration under sections 12AB and 80G was mechanical and without proper consideration of documents. Whether the absence of an irrevocability clause justified rejection.

Which sections of the Income-tax Act were involved?

Section 12AB,Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘F’: NEW DELHI

Before: SHRI S.RIFAUR RAHMAN & SHRI VIMAL KUMAR

For Respondent: Shri Yashvendra Singh, CIT DR
Hearing: 23.06.2026Pronounced: 23.06.2026

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.4249/DEL/2026 ITA No.4250/DEL/2026 Global Indian Foundation, vs. CIT (Exemptions), F-226, GF, Mangal Bazar Road, Delhi. Laxmi Nagar, Delhi – 110 092. (PAN : AACTG5271D) (APPELLANT) (RESPONDENT) ASSESSEE BY : None REVENUE BY : Shri Yashvendra Singh, CIT DR Date of Hearing : 23.06.2026 Date of Pronouncement : 23.06.2026 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 12.03.2026 under section 12AB and 80G of the Income-tax Act, 1961 (for short ‘the Act’). 2. None appeared on behalf of the assessee. We are proceeding to decide the appeals with the help of ld. DR of the Revenue. 3. Heard ld. DR of the Revenue 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’) in a mechanical manner without considering the

2 ITA Nos.4249 & 4250/Del/2026 documents filed by the assessee in support of his application. We also observed that ld. CIT (E) rejected the registration on the basis of non-containing the express clause on irrevocability. We observed that Hon’ble High Court of Bombay had held contrary to the action of the ld. CIT (E) in the case of Chamber of Tax Consultants vs. CIT(E) (2026) 184 taxmann.com 374 (Bom.). 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. 4. 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.4250/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. 5. In the result, the appeals filed by the assessee are allowed for statistical purposes. Order pronounced in the open court on this 23rd day of June, 2026 after the conclusion of the hearing.

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

Dated : 24.06.2026 TS

3 ITA Nos.4249 & 4250/Del/2026

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