HOPE FOR ANIMALS,DEHRADUN vs. CIT(EXEMPTION), LUCKNOW
What did the Tribunal hold?
The Tribunal condoned the delay in filing Form 10AB, considering it to be bonafide and unintentional due to technical glitches. The matter was remanded back to the CIT(E) to decide the application on its merits.
What were the facts?
The assessee filed an application for registration under Section 80G of the Income Tax Act, 1961. The Commissioner of Income Tax (Exemption) denied the registration because Form 10AB was filed beyond the stipulated time.
What were the issues?
Whether the delay in filing Form 10AB for Section 80G registration can be condoned due to technical issues with the IT portal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DEHRADUN “DB” BENCH: DEHRADUN
Before: SHRI YOGESH KUMAR U.S. & SHRI MANISH AGARWAL
IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN “DB” BENCH: DEHRADUN BEFORE SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER & SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No. 18/DDN/2026 [Assessment Year : 2025-26] Hope for Animals vs CIT(Exemption) Mangla Enclave, Suddhowala, Income Tax Prem Nagar, Dehradun, Office, Uttarakhand - 248007. Lucknow PAN-AACTH6144E APPELLANT RESPONDENT Appellant by Shri Rajan Malik, CA & Ms. Rashi Nagpal,CA Respondent by Shri Amar Pal Singh, Sr.DR Date of Hearing 12.03.2026 Date of Pronouncement 05.06.2026 ORDER PER YOGESH KUMAR U.S., J.M.: The present appeal is filed by assessee against the order dated 29.12.2025 passed by Ld. Commissioner of Income Tax (Exemption), Lucknow [“Ld.CIT(E)”] u/s 80G of the Income Tax Act, 1961 [“the Act”] pertaining to Assessment Year 2025-26.
The solitary issue in this appeal is that Ld.CIT(E) has denied the registration u/s 80G of the Act as the assessee has filed Form 10AB delayed.
ITA No. 18/DDN/2026
Heard the contentions of both parties at length and perused the material available on record. The solitary issue in this case is that Ld. CIT(E) has dismissed the application for registration u/s 80G of the Act by holding that Form 10AB was filed delayed. The claim of the assessee is that due to technical glitches in the Income Tax Portal, Form 10AB could not be filed within stipulated time period. 4. Considering the facts and judgements relied upon by the assessee, of the Co-ordinate Bench of Mumbai Tribunal in the case of Trimurti Educational Charitable Trust vs ITO [Exemption] in ITA No.65333/Mum/2025 vide order dated 27.01.2026, we are of the opinion that the delay being Bonafide and unintentional, Ld. CIT(E) should have considered the application of the assessee on the merits. Thus, by respectfully following the afore said judgement, we condone the delay in filing Form 10AB and remand the matter back to the file of Ld. CIT(E) to decide the application of the assessee for grant of registration u/s 80G(5) of the Act after verifying the merits of the charitable activities carried out by the assessee. Accordingly, all Grounds of appeal raised by the assessee are allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 05.06.2026. Sd/- Sd/- (MANISH AGARWAL) (YOGESH KUMAR U.S.) JUDICIAL MEMBER ACCOUNTANT MEMBER Date- 05.06.2026 *Amit Kumar, Sr.P.S* Page | 2
ITA No. 18/DDN/2026
More judgments on Section 80G
- Savan Dayalal Ladani, Rajkot vs Assistant Commissioner of Income Tax-2(1)…ITA 575/RJT/2026[2019-20]Status: Disposed19 Oct 2026AY 2019-20
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- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 777/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 776/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
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