CHURCH OF OUR LADY OF DOLOURS,MUMBAI vs. CIT(EXEMPTION)-MUMBAI, MUMBAI
What did the Tribunal hold?
The Tribunal set aside the ex parte order of the CIT(Exemption) and restored the matter for fresh adjudication. The assessee was directed to be given an opportunity to submit its reply online and to cooperate in the proceedings.
What were the facts?
The assessee's application for renewal of registration under Section 12AB was rejected by the CIT(Exemption). The assessee claimed that it did not receive the notice from the CIT(Exemption), thus being deprived of an opportunity to present its case.
What were the issues?
Whether the assessee was denied a proper opportunity of being heard due to non-receipt of notice, and if so, whether the matter should be remanded for fresh consideration.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “E” BENCH MUMBAI
Before: SHRI AMIT SHUKLA & SHRI GIRISH AGRAWAL
PER GIRISH AGRAWAL, ACCOUNTANT MEMBER:
This appeal filed by the assessee is against the order of Ld. CIT(Exemption), Mumbai, vide order no. ITBA/EXM/F/EXM45/2025- 26/1086834102(1), dated 04.03.2026, wherein the assessee’s application seeking renewal of registration u/s. 12AB has been rejected.
The primary grievance raised before us is that notice dated 02.01.2026 issued by the ld. CIT(E) was not received by the assessee,
2 ITA No. 4356/Mum/2026 Church of Our Lady of Dolours
consequently it was deprived of an adequate opportunity of presenting its case before the ld. CIT(E). It has, therefore, been pleaded that in the interest of substantial justice, the matter may be restored to the file of the learned CIT(E) for fresh adjudication on merits after affording due and effective opportunity of hearing.
On the notice issued by ld. CIT(E), assessee filed its reply on 08.01.2026. However, the same was filed physically which ought to have been uploaded online. In this regard, ld. Counsel for the assessee prayed that assessee be allowed to resubmit its reply online which is physically placed on record. For this, we direct that assessee be given an opportunity to make its submission online by making appropriate window available to it on the portal of the Department.
The learned Departmental Representative fairly submitted that she would have no serious objection if the matter is restored to the file of the learned CIT(E) for fresh consideration.
Having considered the rival submissions and the material placed on record, we are of the opinion that the ends of justice would be met if the impugned ex parte order is set aside and the matter is restored to the file of the learned CIT(E) for adjudication afresh in accordance with law. Accordingly, the impugned order of the learned CIT(E) is set aside and the matter is restored to his file with a direction to decide the application on merits and in accordance with law after affording due
3 ITA No. 4356/Mum/2026 Church of Our Lady of Dolours
and effective opportunity of hearing to the assessee. Assessee is also directed to extend full cooperation in the appellate proceedings.
In the result, the appeal is allowed for statistical purposes.
Order is pronounced in the open court on 23 June, 2026
Sd/- Sd/- (Amit Shukla) (Girish Agrawal) Judicial Member (Accountant Member) Dated: 23 June, 2026 MP, Sr.P.S. Copy to : 1 The Appellant 2 The Respondent 3 DR, ITAT, Mumbai 4 Guard File 5 CIT BY ORDER,
(Dy./Asstt.Registrar) ITAT, Mumbai
More judgments on Section 12AB
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Sheo Narayan Trust, Khajpura vs CIT Exemption, PatnaITA 554/PAT/2026[2025-2026]Status: Disposed16 Oct 2026AY 2025-2026
- Ss Early Learning Society, Hyderabad vs CIT (Exemption), HyderabadITA 1208/HYD/2025[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 592/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 591/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
Recent GST High Court judgments
Search GST case law →- M/S B.K. Agency Under The Proprietor Of Bhola Prasad vs. The Chief Commissioner, CGSTPatna · 2 Nov 2026
- Shree Hanumant Steel Traders vs. Assistant CommissionerChhattisgarh · 1 Nov 2026
- R.K.Service Station, Balasore vs. Commissioner CT And GST Odisha, CuttackOrissa · 31 Oct 2026
- Tankala Soumya vs. Assistant Commissioner Of State Tax, CT And GST, Rayagada Circle, RayagadaOrissa · 31 Oct 2026
- M/S Pooja, Town Hallroad, Cuttack vs. State Tax Officer, Cuttack-I West Circle,CuttackOrissa · 31 Oct 2026