SHRI DIGAMBER JAIN PANCHAYAT REWARI,REWARI, HARYANA vs. COMMISSIONER OF INCOME TAX EXEMPTIONS, CHANDIGARH
What did the Tribunal hold?
The Tribunal held that the CIT(Exemptions) rejected the application mechanically and without granting a reasonable opportunity of being heard. Therefore, the assessee should be given another chance to present their case.
What were the facts?
The assessee filed an application for registration under Section 12AB of the Income-tax Act. The CIT(Exemptions) rejected the application without providing adequate time for a reply or passing a speaking order.
What were the issues?
Whether the rejection of the registration application under Section 12AB was justified without providing a reasonable opportunity of hearing and without a speaking order.
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.4266/DEL/2026 (Assessment Year : 2027-28) Shri Digamber Jain Panchayat Rewari, vs. CIT (Exemptions), Kuan Wala Jain Mandir, Jain Puri, Chandigarh. Rewari – 123 401 (Haryana). (PAN : ABAAS3225R) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Rajiv Jain, CA 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 16.03.2026 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 granting reasonable time for reply and passing a non-speaking and mechanical order. In our considered view and in the interest of justice, assessee should be given one more opportunity of
2 ITA No.4266/Del/2026 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. 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
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