SYSNETIANS WELFARE ASSOCIATION ,DELHI vs. CIT (EXEMPTION), DELHI
What did the Tribunal hold?
The Tribunal held that the assessee should be given an opportunity of being heard by the CIT(E) before a decision on merit is taken. The matter was remanded back to the CIT(E) for a fresh decision.
What were the facts?
The assessee filed an application for registration under section 12AB of the Income-tax Act. The Commissioner of Income Tax (Exemptions) rejected the application without providing an opportunity for the assessee to be heard.
What were the issues?
Whether the CIT(E) erred in rejecting the registration application without affording the assessee an opportunity of being heard.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘F’: NEW DELHI
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.4262/DEL/2026 (Assessment Year : 2024-25) Sysnetians Welfare Association, vs. CIT (Exemptions), W-42, Okhla Industrial Area, Delhi. Phase – 2, New Delhi – 110 020. (PAN : ABCCS9184P) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Ankur Agarwal, Advocate 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 S. RIFAUR RAHMAN, AM : 1. The assessee has filed appeal against the order of the Learned Commissioner of Income Tax (Exemption), Delhi [“Ld. CIT(E)”, for short] dated 29.01.2026 under section 12AB 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 being heard to the assessee. In our considered view and in the interest of justice, assessee should be given one more opportunity of being heard on merit.
2 ITA No.4262/Del/2026 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. In the result, the appeal filed by the assessee is 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 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals). 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI
More judgments on Section 12AB
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- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 591/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
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