VANVASI KALYAN ASHRAM DADRA NAGAR HAVELI,SILVASA vs. CIT(E), AHMEDABAD
What did the Tribunal hold?
The Tribunal found that the rejection was primarily for lack of documentary evidence and only one opportunity for hearing was given. Therefore, the Tribunal decided to grant one more opportunity to the assessee to present its case.
What were the facts?
The assessee trust applied for registration under sections 12AB and 80G(5) of the Income Tax Act. The CIT(E) rejected the application for 12AB registration due to non-response to a request for details, and also rejected the 80G(5) application based on the 12AB rejection.
What were the issues?
Whether the CIT(E) erred in rejecting the registration applications without providing adequate opportunity to the assessee, and whether the matter should be restored for fresh adjudication.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SURAT BENCH, SURAT
Before: Shri T.R. Senthil Kumar & Ms. Shri Narendra Prasad Sinha
आदेश/ORDER
PER T.R. SENTHIL KUMAR, JUDICIAL MEMBER:
These two appeals are filed by the Assessee Trust as against separate orders both dated 08.03.2026 passed by Commissioner of Income Tax (Exemption), Ahmedabad(in short “Ld. CIT(E)”) denying registration under Section 12AB and 80G(5) of the Income Tax Act (hereinafter referred to as “the Act”) respectively.
The brief facts of the case are that the assessee filed applications in Form No. 10AB seeking registration under sections 12AB and 80G(5)(iii) of the Act. Ld. CIT(E) given single opportunity of hearing and the application filed for registration under section 12AB of the Act calling for the details of the activities and documents. However, the Assessee has not responded to the same which has resulted in passing an ex-parte order rejecting registration under section12AB of the Act as well as cancelling the provisional registration already granted by passing impugned order dated 08.03.2026. As far as application filed under section 80G(5) no opportunity was given to the Assessee Trust and the application for registration under section 80G(5) was also rejected on the sole ground 12AB registration also denied to the Assessee Trust.
Aggrieved against the same Assessee Trust are in appeal before us raising the following Grounds of Appeal in ITA No. 602/Srt/2026:
“On the facts and circumstances of the case as well as law on the matter, the learned CIT (Exemption) has erred in rejecting the renewal application of the Assessee without considering the documents already submitted along with the application in Form 10AB. The Assessee, therefore, humbly prays that the matter be set aside and restored for fresh adjudication before the learned CIT (Exemption). The Assessee further assures full cooperation and undertakes to duly make all required submissions. The Appellant craves leave to add, alter, modify or delete any or all the grounds of appeal during appeal proceedings.” 4. The Grounds of appeal raised by the assessee in ITA No.603/Srt/2026 reads as under: -
“On the facts and circumstances of the case as well as law on the matter, the learned CIT (Exemption) has rejected the renewal application of the Assessee on account of the rejection of the application under section 12A(1)(ac) (i) of the Act. The Assessee, therefore, humbly prays that the said order be set aside and the matter be restored for fresh adjudication before the learned CIT (Exemption). The Assessee further assures full cooperation and undertakes to duly make all required submissions. 2 The Appellant craves leave to add, alter, modify or delete any or all the grounds of appeal during appeal proceedings.”
Shri Kaushik Kejriwal, the Ld. AR of the assessee submitted that the assessee had furnished all details along with the application in Form No. 10AB before the Ld. CIT(E). He submitted that the assessee is in a position to furnish all other requisite details and documentary evidences to substantiate its claim and satisfy the conditions prescribed under sections12AB and 80G(5)(ii) of the Act. He, therefore, prayed that the impugned order be set aside and the matter be restored to the file of the Ld. CIT(E) for fresh adjudication.
Per contra, Shri Mukesh Jain, the Ld. CIT-DR, supported the orders passed by Ld. CIT(E). He, however, had no objection if the matter was set aside the file of the Ld. CIT(E) for allowing another opportunity to the Assessee Trust.
We have carefully considered the facts of the case and the material available on record. It is observed that the application of the assessee-trust for registration under section12AB of the Act came to be rejected by the Ld. CIT(E) on the ground that the assessee failed to furnish supporting documentary evidences to establish fulfillment of the conditions prescribed under the said provision. Before us, the Ld. AR submitted that the assessee is ready and willing to furnish all the relevant details and evidences required for verification of its claim. Considering the facts and circumstances of the case and keeping in view that the rejection has been made primarily for want of supporting documentary evidence and only one opportunity of hearing given to the Assessee Trust. We are of the considered view that one more opportunity deserves to be granted to the Assessee Trust to place all relevant material before the Ld. CIT(E). Therefore, in the interest of substantial justice and without expressing any opinion on the merits of the claim of the assessee, we deem it appropriate to set aside the impugned orders and restore the matter to the file of the Ld. CIT(E) for fresh adjudication. The assessee shall furnish all the documents, explanations and evidences as may be called for by the Ld. CIT(E) and shall fully cooperate in the registration proceedings. The Ld. CIT(E) shall afford adequate opportunity of being heard to the assessee and thereafter pass a speaking order in accordance with law. Accordingly, the impugned orders are set aside and the matter is restored to the file of the Ld. CIT(E) for de novo consideration. The ground raised by the assessee is allowed for statistical purposes.
In the result, the appeals filed by the assessee are allowed for statistical purposes.
Order pronounced in the open court on 12-06-2026
Sd/- Sd/- (NARENDRA PRASAD SINHA) (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad : Dated 12/06/2026 a.k. आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Surat 6. Guard file. By order, Assistant Registrar, Income Tax Appellate Tribunal, Surat
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