AKHIL BHARATIYA KUTCH JAIN GURJAR CHARITABLE TRUST,MUMBAI vs. CIT(E) - MUMBAI, MUMBAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal restored the matter back to the CIT(Exemption) for a fresh decision. This was done to uphold the principles of natural justice, as the assessee claimed non-receipt of the notice.
What were the facts?
The assessee's application for approval under section 12AB was rejected by the CIT(Exemption) because the assessee failed to respond to a show cause notice. The assessee claimed they never received the notice.
What were the issues?
Whether the rejection of the application for approval under section 12AB was justified without ensuring proper service of notice to the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
PER PAWAN SINGH, JUDICIAL MEMBER:
This appeal by assessee is directed against the order of ld. CIT(E) dated
25.02.2026 in rejecting the application for approval under section 12AB.
Rival submissions of both the parties have been heard and record perused. The
ld. Authorised Representative (AR) of the assessee fairly submits that notice
issued by ld. CIT(E) is not received by assessee either in physical mode or by
way of email. Thus, no compliance could be made. The matter may be restored
back to ld. CIT(E). He undertakes on behalf of the assessee to make compliance
of fresh notice by ld. CIT(E).
AkhilBharatiya Kutch Jain Gurjar Charitable Trust ITA No. 2585/M/2026 (AY: 2026-27)
On the other hand, ld. Sr. DR for the revenue submits that he has no objection if
the matter is restored back to the file of ld. CIT(E).
We have considered the rival submissions of both the parties. We find that the
application of assessee for registration under section 12AB was rejected for the
want of submissions by assessee. We find that application of assessee was
dismissed for the sole reason that no response was made by the assessee to the
show cause notice issued by ld CIT(E). The ld CIT(E) has passed the order of
rejection in ex-parte order. Before us, the ld AR of the assessee vehemently
submitted that notice of hearing was not received. Thus, keeping in view of
principal of natural justice, the matter is restored back to the file of ld CIT(E) to
pass the order afresh in accordance with law. Needless to direct that before
passing the order of ld. CIT(E) shall allow fair and reasonable opportunity to the
assessee. The assessee is also directed to provide necessary detail. In the result,
grounds of appeal of assessee are allowed for statistical purpose.
In the result, the appeal of the assessee is allowed for statistical purpose.
Order was pronounced in the open Court on20/05/2026 at the time of hearing.
/- S/- /- Sd/- Sd/- GIRISH AGRAWAL PAWAN SINGH ACCOUNTANT MEMBER JUDICIAL MEMBER
Mumbai, Dated: 20/05/2026 Biswajit
AkhilBharatiya Kutch Jain Gurjar Charitable Trust ITA No. 2585/M/2026 (AY: 2026-27)
Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Nagpur; and (5) Guard file. By Order
Assistant Registrar / DDO 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
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