SKINRANGE ADDICTION KILLER FOUNDATION,NEW DELHI vs. INCOME TAX OFFICER, NEW DELHI
What did the Tribunal hold?
The ITAT set aside the CIT's order and restored the matter for fresh consideration. The CIT was directed to grant the assessee an opportunity to be heard and pass a speaking order.
What were the facts?
The assessee's application for registration under Section 12A was rejected by the CIT(Exemptions) for failing to satisfy the genuineness of its charitable activities. The assessee did not appear before the ITAT.
What were the issues?
Whether the CIT(Exemptions) passed a speaking order and if the assessee was given a proper opportunity to be heard.
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. 5682/Del/2026 :Asstt. Year: 2026-27 Skinrange Addiction Killer Foundation Vs CIT(Exemptions), Flat No. 603, Mercantile House, 15 K. New Delhi-110002 G. Marg, New Delhi-110001 (APPELLANT) (RESPONDENT) PAN No. ABFCS0608H Assessee by: None Revenue by: Sh. Vikram Singh Sharma, CIT-DR Date of Hearing: 22.06.2026 Date of Pronouncement: 22.06.2026 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.
Nobody appeared on behalf of the assessee before us at the time of hearing. It is observed that the learned CIT(Exemptions) has passed a non-speaking order on the ground that the applicant has failed to satisfy genuineness of charitable nature of its activities. In the above circumstances, after hearing the arguments of ld. CIT-DR and perusal of record, we are of the view that it would be in the interest of
2 ITA No. 5682/Del/2026 Skinrange Addiction Killer Foundation justice to restore the matter to ld. CIT(Exemptions) for fresh consideration. Accordingly, we set aside the impugned order of ld. 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.
In the result, the appeal of the assessee is allowed for statistical purposes. Order Pronounced in the Open Court on 22/06/2026. Sd/- Sd/- (S. Rifaur Rahman) (Raj Kumar Chauhan) Accountant Member Judicial Member Dated: 22/06/2026 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR
1 Date of dictation of Tribunal order 22.06.2026 2. Date on which typed draft order is placed before the 23.06.2026
More judgments on Section 12A
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