VAIKUNTHA FOUNDATION,DELHI vs. CIT EXEMPTION DELHI, DELHI

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ITA 6007/DEL/2026Status: DisposedITAT Delhi23 June 2026AY 2026-272 pages
AI SummaryRemanded

What did the Tribunal hold?

The tribunal found that the CIT(Exemptions) passed a non-speaking ex-parte order. Therefore, the matter was restored to the CIT(Exemptions) for fresh consideration and a speaking order.

What were the facts?

The assessee's application for registration under Section 12A of the Income-tax Act was rejected by the CIT(Exemptions). No one appeared on behalf of the assessee during the appeal hearing.

What were the issues?

Whether the CIT(Exemptions) order rejecting the 12A registration was a speaking order and if the assessee was given a proper opportunity to be heard.

Which sections of the Income-tax Act were involved?

Section 12A

AI-generated summary — verify with the full judgment below

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH-E NEW DELHI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.6007/Del/2026 Assessment Year 2026-27 MIs Vaikuntha Foundation, R-2O, Pratap Complex, Shakarpur, New Delhi 110 092. PAN AABTV5928R. (Appellant) Vs. CIT(Exemption) , Delhi. (Respondent) Appellant by Respondent by None_ Shri Raghunath, CIT-DR_ Date of hearing Date of pronouncement 22.06.2026 22.06.2026 ORDER Per Bench: This appeal by the assessee is directed against the order of learned CIT(Exemptions) , Delhi dated 12th March, 2026 whereby the application of the assessee in Form 1OAB for registration under Section 12A of the Income-tax Act, 1961 (hereinafter referred to as the Act' ) was rejected: 2 Nobody appeared on behalf of the assessee before us at the time of hearing: It is observed that the learned CIT(Exemptions) has passed an ex-parte non-speaking order. In the above circumstances, after hearing the arguments of learned CIT-DR and perusal of record, we are of the view that it would be in the interest of justice to restore the matter to learned CIT(Exemptions) for fresh consideration: Accordingly , we set aside the impugned order of learned CIT(Exemptions) with a direction to decide the matter afresh after affording reasonable opportunity of being heard to the assessee and thereafter, pass a speaking order in accordance with law. 2 ITA No.6007/Del/2026 3 In the result, the appeal of the assessee is allowed for statistical purposes: Decision pronounced in the open Court on conclusion of hearing on 22n June, 2026. Sdl- (MANISH AGARWAL) ACCOUNTANT MEMBER (MAHAVIR SINGH) VICE PRESIDENT Date 23.06.2026 VK

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