NEW INDIA MOVEMENT,DELHI vs. SHRI PRAKASH DUBEY CIT(EXEMPTION), DELHI
What did the Tribunal hold?
The Tribunal found that the assessee's right to natural justice was violated as the CIT(E) passed an ex-parte order without providing an adequate opportunity to be heard. The matter was remitted back to the CIT(E) for fresh adjudication.
What were the facts?
The assessee's appeal was against an order passed by the CIT(Exemption) under Section 80G. The assessee was called absent during the hearing.
What were the issues?
Whether the CIT(E) order was passed in violation of natural justice by not providing adequate opportunity of hearing to the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES, ‘A’ NEW DELHI
Before: SHRI ANUBHAV SHARMA
आदेश / ORDER
PER AMITABH SHUKLA, AM: This appeal filed by the Assessee is directed against the order of Ld. Commissioner of Income Tax (Exemption), Delhi, dated 09.03.2026 passed under section 80G of the Act for the Assessment Year 2026-27. The word ‘Act’ herein this order would mean Income Tax Act, 1961. 2. The assessee was called absent.
ITA 4707/DEL/2026 NEW INDIA MOVEMENT
The ld. DR while relying upon the order of the lower authorities, took us through the factual matrix of the case. We have noted that the rights of natural justice of the assessee have been violated in as much as the impugned order u/s 80G dated 09.03.2026 has been passed without giving adequate opportunity of being heard. The fact of ex-parte order of CIT(E) is evident from the conclusion drawn by him in para-2 and 3 of his order to reject assessee’s application on premise of non-submission of required documents. We are conscious that no litigant gains by non-prosecution of its case. In the interest of justice, we remit the matter back to the file of Ld. CIT(E) for re-adjudication de-novo, in accordance with law and by passing a speaking order. The assessee shall be bounden to comply with all the statutory notices and any non-compliance would be adversely viewed. Accordingly, the appeal of the assessee is allowed for statistical purposes. 4. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 24th June, 2026. Sd/- Sd/- [ANUBHAV SHARMA] [AMITABH SHUKLA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 24.06.2026 Shekhar Copy forwarded to: 1. Appellant 2. Respondent 3. PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi,
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More judgments on Section 80G
- Savan Dayalal Ladani, Rajkot vs Assistant Commissioner of Income Tax-2(1)…ITA 575/RJT/2026[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Pareshbhai Savjibhai Khunt, Rajkot vs Income Tax Officer Ward - 2(2)(3), RajkotITA 842/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 777/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 776/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
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