SHREE JALARAM SEVA MANDAL TRUST,VISNAGAR vs. COMMISSIONER OF INCOME TAX (EXEMPTION), AHMEDABAD, AHMEDABAD
What did the Tribunal hold?
The Tribunal found that the interests of justice would be served by allowing the assessee an opportunity to present its case. Therefore, the impugned orders were set aside, and the matter was restored to the CIT(E) for a fresh decision.
What were the facts?
The assessee trust's applications for registration under Section 12A and approval under Section 80G(5) were rejected by the CIT(E). The assessee claimed they were not given a proper opportunity to present their case due to a single notice not coming to the trustees' attention.
What were the issues?
Whether the CIT(E) rejected the applications without providing adequate opportunity to the assessee to present its case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, AHMEDABAD
Before: SHRI SANJAY GARG & SHRI NARENDRA PRASAD SINHA
Per Sanjay Garg, Judicial Member:
The captioned both the appeals relate to the same assessee and are against separate orders passed by the Ld. Commissioner of Income Tax (Exemption), Ahmedabad (in short “Ld. CIT(E)”). ITA No.1363/Ahd/2026 is against the order of the Ld.CIT(E) dated 08.03.2026 rejecting the application of the assessee for registration under Section 12A of the Income Tax Act, 1961
ITA Nos.1363 & 1364/Ahd/2026 [Shree Jalaram Seva Mandal Trust vs. CIT(E)] - 2 – (hereinafter referred to as the “Act”), whereas, ITA No.1364/Ahd/2026 is against the order of the Ld. CIT(E) dated 08.03.2026 rejecting the application of the assessee for approval under Section 80G(5) of the Act.
At the outset, Ld. Counsel for the assessee submitted that the Ld. CIT(E) has rejected both the applications of the assessee trust for registration u/s.12A and approval u/s.80G(5) of the Act without giving proper opportunity to the assessee trust to present its case. Ld. Counsel has submitted that only one notice was issued, which did not come to the notice of trustees of the trust, therefore, the case of the assessee remained unrepresented before the Ld.CIT(E). The Ld. CIT(E) without giving any further opportunity to the assessee trust, rejected both the applications ex- parte of the assessee trust.
Considering the above submissions and going through the impugned order of the Ld. CIT(E), we are of the view that interests of justice will be well served, if the assessee be given an opportunity to present its case before the Ld.CIT(E). Accordingly, the impugned orders of the Ld.CIT(E) in relation of both the applications are hereby set aside and the matter is restored to the file of the Ld.CIT(E) for decision afresh on both of the applications of the assessee. Needless to say that the Ld.CIT(E) will give proper and adequate opportunity to the assessee to present its case and, thereafter, will decide the applications on
ITA Nos.1363 & 1364/Ahd/2026 [Shree Jalaram Seva Mandal Trust vs. CIT(E)] - 3 – merits in accordance with law. Both the appeals of the assessee trust are treated as allowed for statistical purpose.
In the result, both appeals filed by the assessee trust are treated as allowed for statistical purposes.
This Order pronounced on 09/06/2026
Sd/- Sd/- (NARENDRA PRASAD SINHA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 09/06/2026 S. K. SINHA True Copy आदेश क� �ितिल�प अ�े�षत/Copy of the Order forwarded to : अपीलाथ� / The Appellant 1. 2. ��यथ� / The Respondent. संबंिधत आयकर आयु� / Concerned CIT 3. 4. आयकर आयु�(अपील) / The CIT(A)- �वभागीय �ितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 5. गाड� फाईल / Guard file. 6. आदेशानुसार/ BY ORDER,
उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad
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