SHRI SANATAN DARAM SABHA,HARYANA vs. CIT EXEMPTIONS, CHANDIGARH

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ITA 4709/DEL/2026Status: DisposedITAT Delhi24 June 2026AY 2026-273 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the assessee's right to natural justice was violated as the order was passed without adequate opportunity of being heard. The matter was remitted back to the CIT(E) for re-adjudication.

What were the facts?

The assessee filed an appeal against an order passed by the CIT(Exemption) under section 80G(5)(ii). The assessee was absent during the hearing.

What were the issues?

Whether the CIT(Exemption) order under section 80G was passed without providing the assessee with adequate opportunity of being heard, violating principles of natural justice.

Which sections of the Income-tax Act were involved?

Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES, ‘A’ NEW DELHI

Before: SHRI ANUBHAV SHARMA

Pronounced: 24.06.2026

आदेश / ORDER

PER AMITABH SHUKLA, AM: This appeal filed by the Assessee is directed against the order of Ld. Commissioner of Income Tax (Exemption), Chandigarh, dated 27.02.2026 passed under section 80G(5)(ii) 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 4709/DEL/2026 SHRI SANATAN DARAM SABHA

3.

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 27.02.2026 has been passed without giving adequate opportunity of being heard. We have noted that the ld. CIT(E) has drawn unilateral conclusions without confronting the assessee. It is settled principle of law that an assessee must be given an opportunity of being heard before drawing any adverse conclusions against it. No such activity is evident from the order of the ld. CIT(E) while denying the assessee registration u/s 80G of the Act. 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. He will ensure that due opportunity of heard is accorded to the assessee before drawing any adverse conclusion. 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

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ITA 4709/DEL/2026 SHRI SANATAN DARAM SABHA

3.

PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi,

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