SHREE SAMAST SATHWARA GYATI BOTAD,BOTAD vs. CIT(EXEMPTION), AHMEDABAD, AHMEDABAD
What did the Tribunal hold?
The Tribunal found that the assessee was not given a proper opportunity to present its case. Therefore, the impugned order was set aside, and the matter was restored to the CIT(E) for a fresh decision.
What were the facts?
The assessee's application for renewal of registration under Section 12A(1)(ac)(ii) was rejected by the CIT(E). The assessee argued that the rejection was done without a proper opportunity to present its case and without considering submitted details.
What were the issues?
Whether the CIT(E) rejected the registration renewal application 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, “D” BENCH, AHMEDABAD
Before: SHRI SANJAY GARG & SMT. ANNAPURNA GUPTA
Per Sanjay Garg, Judicial Member:
The present appeal has been filed by the assessee against the order of the Ld. Commissioner of Income Tax (Exemption), (hereinafter referred to as “CIT(E)”), Ahmedabad dated 08.03.2026.
ITA No.1362/Ahd/2026 [Shree Samast Sathwara Gyati Botad vs. CIT(E) - 2 – 2. The assessee in this appeal is aggrieved by the action of the Ld. CIT(E) in rejecting the application of the assessee for renewal of the registration u/s.12A(1)(ac)(ii) of the Income Tax Act, 1961 (hereinafter referred to as the “Act”).
At the outset, Ld. Counsel for the assessee submitted that the Ld. CIT(E) has rejected the application of the assessee for renewal of the registration u/s. 12A(1)(ac)(ii) of the Act without giving proper opportunity to the assessee to present its case and even without considering the relevant details and submissions already furnished by the assessee on record. Ld. Counsel has submitted that only one opportunity was granted by the Ld. CIT(E) to furnish the requisite details against which the assessee filed the requisite details, however, the Ld. CIT(E) without considering the same rejected the application of the assessee in a mechanical manner.
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 order of the Ld.CIT(E) in relation of the application is hereby set aside and the matter is restored to the file of the Ld.CIT(E) for decision afresh on the application 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
ITA No.1362/Ahd/2026 [Shree Samast Sathwara Gyati Botad vs. CIT(E) - 3 –
decide the application on merits in accordance with law. The appeal of the assessee is treated as allowed for statistical purpose.
In the result, the appeal filed by the assessee is treated as allowed for statistical purposes.
This Order pronounced on 21/05/2026
Sd/- Sd/- (ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 21/05/2026 S. K. SINHA True Copy आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��थ� / The Respondent. 3. संबंिधत आयकर आयु� / Concerned CIT 4. आयकर आयु�(अपील) / The CIT(A)- 5. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER,
उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad
1.Date of dictation on 21.05.2026 As per format 2.Date on which the typed draft is placed before the Dictating Member 21.05.2026 3.Date on which the approved draft comes to the Sr.P.S./P.S. .05.2026 4.Date on which the fair order is placed before the Dictating Member for Pronouncement .05.2026 5.Date on which the fair order comes back to the Sr.P.S./P.S 21.05.2026 6.Date on which the file goes to the Bench Clerk 21.05.2026 7.Date on which the file goes to the Head Clerk…………. 8.The date on which the file goes to the Asstt. Registrar for signature on the order…………………… 9.Date of Dispatch of the Order………Date Date on which the typed draft is placed before the Dictating Member 19.12.2019Other Member…………………Date on which the approved draft comes to
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