NEFEDU FOUNDATION,DELHI vs. CIT(E), DELHI
What did the Tribunal hold?
The Tribunal, to prevent miscarriage of justice, granted the assessee a further opportunity to present its case. The appeals were remitted back to the CIT(E) for fresh adjudication after providing the assessee with an opportunity to be heard and submit materials.
What were the facts?
The assessee, a charitable organization, applied for registration under Section 12AB and exemption under Section 80G. The CIT(E) issued notices for clarification, but the assessee failed to comply due to the ill health of its competent authority. Consequently, the applications were rejected.
What were the issues?
Whether the rejection of registration and exemption applications was justified without granting sufficient opportunity to the assessee, especially considering the circumstances of non-compliance.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES, NEW DELHI
Before: SHRI RAMIT KOCHAR
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI BENCH: B BEFORE SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDICIAL MEMBER ITA Nos. 143 & 144/DEL/2026 (िनधा�रण वष�/Assmt. Year: NA) COMMISSIONER OF INCOME TAX NEFEDU FOUNDATION (EXEMPTIONS) D-323, Office 207, 2nd Floor, Gali No.11, Laxmi Nagar, New Delhi. Vs. 26th Floor, Civic Centre, New Delhi (��थ� Respondent) (अपीलाथ� Appellant) Permanent Account Number of AAJCN7392L Assessee: िनधा�रती �ारा/Assessee represented by: SH RAJIV SINGH, In person राजस् व �ारा/Revenue represented by: MS. POOJA SWAROOP, CIT- DR
सुनवाई की तारीख / Date of conclusion of hearing: 26-May-2026 घोषणा की तारीख / Date of pronouncement: 18th June, 2026 आदेश / ORDER PER MADHUMITA ROY, JUDICIAL MEMBER: The instant appeal filed by the assessee is directed against the order dated 14.08.2025 passed by the Ld. Commissioner of Income-tax (Exemptions), Delhi [hereinafter referred to as the Ld. CIT(E)] under Section 12AB(1)(b)(ii)(B)/80G of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’).
The assessee is a charitable organization having registered office at D- 323, Laxmi Nagar, Delhi. In fact, assessee company a charitable organization and it has registered under Section 8 of the Companies Act, 2013 engaged in the charitable activities as per the object/clause of Memorandum. It was granted provisionl registration under Section 12AB(1)(b)(ii)(B) of the Act. The assessee filed an application on 07.03.2025 in Form No.10AB for registration. The notice was given to the assessee on 22.04.2025 requesting to furnish certain documents with details /clarification in support of the said application for registration of the assessee. However, no compliance was made and in the absence of the details/ information filed by the assessee, in support of genuineness of the activities, charitable objects, commencement of the activities, the application filed in Form 10AB for grant of registration under Section 12A(1)(ac)(vi)(B) was rejected.
It is the case of the assessee that the notices were issued by the CIT(E) but the assessee could not comply with the same as the competent authority of the assessee was suffering from due to old age. Similarly, the application for grant of exemption under Section 80G of the Act stood rejected and, therefore, the Ld. AR prayed for further opportunities to the assessee to process the matter effectively before the Ld.CIT(E). Such prayer has not been objected by the Ld. DR with all his fairness.
Having heard the Ld.Counsels appearing for the parties and having regard to the facts and circumstances of the case, we in order to prevent the miscarriage of justice find it fit and proper to grant a further opportunity of being heard to the assessee to get the applications adjudicated in its proper and perspective by the Ld. CIT(E), disposing of these two appeals by remitting the issues to the file of the Ld. CIT(E) for denovo adjudication of the same upon granting opportunities to the assessee and upon considering the materials on record or any other evidence which the appellant may choose to file at time of hearing of the appeals. Thus, both the appeals filed by the assessee are allowed for statistical purposes.
In the result, both the appeal filed by the Assessee are allowed for statistical purposes. Order pronounced in the open court on 18th June, 2026. Sd/- Sd/- (RAMIT KOCHAR) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 18th June, 2026. dk Copy to: NEFEDU FOUNDATION D-323, Office 207, 2nd Floor, Gali No.11, 1 Laxmi Nagar, New Delhi.
COMMISSIONER OF INCOME TAX (EXEMPTIONS) 26th Floor, Civic Centre, 2 New Delhi 3 THE PCIT / CIT, 4 THE D.R., ITAT, DELHI BENCH 5 GUARD FILE TRUE COPY
ASSISTANT REGISTRAR / I.T.A.T., DELHI
More judgments on Section 12AB
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