SHRI HARI GAUSHALA SAMITI INDRAPURA,SHRI HARI GAUSHALA SAMITI INDRAPURA vs. CIT EXEMPTION JAIPUR, CIT EXEMPTION JAIPUR
What did the Tribunal hold?
The Tribunal found that the CIT(E) had passed the order without properly verifying the documents submitted by the assessee. Therefore, the matter was set aside and remanded back to the CIT(E) with a direction to provide another opportunity for hearing and pass an order on merits.
What were the facts?
The assessee, Shri Hari Gaushala Samiti, filed an appeal against the order of the CIT(E) denying registration under Section 12AB. The appeal was filed with a delay, which was condoned by the Tribunal. The assessee contended that all necessary documents were provided to the CIT(E).
What were the issues?
Whether the CIT(E) correctly denied registration under Section 12AB without proper verification of documents. The need for the CIT(E) to provide an opportunity of hearing to the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH, JAIPUR
Before: Shri T.R. Senthil Kumar & Shri PrakashShri Hari Gaushala Samiti Shri Hari Gaushala Samiti
आदेश/ORDER
PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- This appeal is filed by the assessee as against the order dated 27.09.2025 passed by the Commissioner of Income Tax (Exemption), Jaipur, denying the registration u/s. 12AB of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’).
The Registry has noted that there is delay of 48 days in filling the appeal. The assessee explained that the trustee is a senior citizen 70 years old who is not acquainted with looking into e-portal and e-mail,
I.T.A No. 89/JPR/2026 Page No 2 Shri Hari Gaushala Samiti Indrapura
which is the main cause for delay in filing the appeal, therefore requested to condone the delay which is unintentional. Considering the above submission, the delay of 48 days in filing the appeal is hereby condoned.
Ld. Counsel appearing on behalf of the assessee submitted that assessee has filed all the relevant materials/details before Ld. CIT(E) including copy of Cow Tag Register list maintained by the Trust and also produced before us as e-acknowledgement at page no. 15 of the paper book. Thus, CIT(E) is not correct in rejecting the registration, therefore requested to set aside the matter back to the file of Ld. CIT(E) to grant registration.
Per contra, Ld. CIT-DR appearing for the Revenue has no serious objection in setting aside the matter back to the file of Ld. CIT(E).
Heard rival submissions and perused the materials available on record including the paper book filed by the assessee. The assessee has filed all relevant information i.e. audited report, profit and loss, registration certificate, cowtag details and the details of donation receipts before Ld. CIT(E) with e-acknowledgement. Without verifying the same, Ld. CIT(E) passed this impugned order. Therefore, to meet the ends of Justice, we deem it fit to set aside the matter back to the file of Ld. CIT(E) with a direction to give one more opportunity of hearing to the asseseee, so as to pass the order on merits of the case. Needless to say that the assessee should cooperate by filing of the required documents before the Ld. CIT(E) for passing the order of registration u/s 12AB of the Act.
I.T.A No. 89/JPR/2026 Page No 3 Shri Hari Gaushala Samiti Indrapura
In the result, the appeal filed by the assessee is hereby allowed for statistical purposes.
Order pronounced in the open court on 21-08-2026
Sd/- Sd/- (PRAKASH) (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated 21/08/2026 Dhananjay K., Sr. PS
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 6. Guard file. By order/आदेश से, सहायक पंजीकार आयकर अपील�य अ�धकरण, t;iqj
More judgments on Section 12AB
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- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 591/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
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