SHRI HANUMAN MANDIR SAMITI (REGD),DELHI vs. INCOME TAX OFFICER, NEW DELHI
What did the Tribunal hold?
The Tribunal found that the rejection was based on technical lapses rather than a substantive evaluation of the charitable activities. In the interest of justice, the assessee was granted one more opportunity to be heard on merit.
What were the facts?
The assessee's application for registration under Section 12A was rejected by the CIT(Exemptions) based on alleged false information and malafide intention. The rejection was also accompanied by cancellation of existing registration for multiple assessment years.
What were the issues?
Whether the CIT(Exemptions) erred in rejecting the Section 12A registration application without a substantive evaluation of the assessee's charitable activities and based on technical lapses.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI
Before: Sh. S. Rifaur Rahman & Sh. Raj Kumar Chauhan
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’, NEW DELHI Before Sh. S. Rifaur Rahman, Accountant Member & Sh. Raj Kumar Chauhan, Judicial Member ITA No. 5599/Del/2026 :Asstt. Year: 2026-27 Shri Hanuman Mandir Samiti (Regd.) Vs Income Tax Officer, 4205, Sant Nagar, Shakur Basti, Circle Exemption-2(2), Delhi-110024 New Delhi-110002 (APPELLANT) (RESPONDENT) PAN No. AAFAS8265D Assessee by: Ms. Payal Kriplani, CA Revenue by: Sh. Vikram Singh Sharma, CIT-DR Date of Hearing: 23.06.2026 Date of Pronouncement: 23.06.2026 ORDER Per Raj Kumar Chauhan, Judicial Member: The appeal by the assessee is directed against the order of ld. CIT(Exemptions), Delhi dated 24.03.2026 wherein the application of the assessee in Form 10AB for registration under Section 12A of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) was rejected.
Heard both the parties and perused the material on record. We observed that the ld. CIT(E) rejected the application on 24.03.2026 and simultaneously cancelled the registration for the period from A.Ys. 2022-23 to 2026-27 based on false information with malafide intention. We observed that this rejection was based on technical lapses rather than substantive evaluation of charitable activities. After going through the
2 ITA No. 5599/Del/2026 Shri Hanuman Mandir Samiti submissions of the Id. AR of the assessee, 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 Id. 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 Id.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.
In the result, the appeal of the assessee is allowed for statistical purposes. Order Pronounced in the Open Court on 23/06/2026. Sd/- Sd/- (S. Rifaur Rahman) (Raj Kumar Chauhan) Accountant Member Judicial Member Dated: 24/06/2026 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR
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