SHATATARAKA SAMAJIK SEVA SANSTHA,NAVI MUMBAI vs. THE COMMISSIONER OF INCOME TAX (EXEMPTION), MUMBAI, MUMBAI

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ITA 4681/MUM/2026Status: DisposedITAT Mumbai24 June 20264 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that given the substantial documentary material already submitted and the rejection being based on a single unattended notice, it was in the interest of justice to provide another opportunity. The CIT (Exemption) was directed to re-examine the applications on merits after affording a proper hearing.

What were the facts?

The assessee, a charitable institution, had its applications for registration under section 12AB and approval under section 80G rejected by the CIT (Exemption). The rejection was primarily due to non-compliance with a notice, which the assessee claimed was due to inadvertence.

What were the issues?

Whether rejection of applications for registration and approval solely on the ground of non-compliance with a notice, without considering the merits of the submitted documents, is justified.

Which sections of the Income-tax Act were involved?

Section 12AB,Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘E’ BENCH

Before: SHRI AMIT SHUKLA & SHRI GIRISH AGRAWAL

For Appellant: Shri Anil Gawade
For Respondent: Smt. Amrita Singh, CIT DR
Hearing: 23/06/2026Pronounced: 24/06/2026

आदेश / O R D E R PER BENCH: These appeals have been filed by the assessee, Shatataraka Samajik Seva Sanstha, against separate orders dated 04.03.2026 passed by the learned CIT (Exemption), whereby the application seeking registration under section 12AB of the Act and the application for approval under section 80G(5) of the Act have been rejected.

2 ITA No.4681 & 4682/Mum/2026 Shatataraka Samajik Seva Sanstha

2.

The grievance of the assessee, in substance, is that the learned CIT (Exemption) rejected the applications primarily on account of non-compliance with the notice issued during the course of proceedings, without appreciating that the assessee had already furnished substantial documentary material along with Form No.10AB and that the non-compliance was neither deliberate nor intentional. It has been submitted that the assessee is a registered charitable institution under the Societies Registration Act, 1860 as well as the Maharashtra Public Trust Act, 1950 and had filed along with its applications various documents including registration certificates, memorandum and objects, earlier registration and approval orders, audit reports, financial statements, income-tax returns and note on activities. According to the assessee, one notice issued by the learned CIT (Exemption) remained unattended due to inadvertence and lack of proper awareness, resulting in the impugned orders being passed without effective consideration of the material already available on record.

3.

We have considered the submissions and perused the material placed before us. From the facts available on record, it is evident that the assessee had filed applications in Form No.10AB seeking regular registration under section 12AB and approval under section 80G. It is also borne out from the

3 ITA No.4681 & 4682/Mum/2026 Shatataraka Samajik Seva Sanstha statement of facts that various foundational documents and supporting evidences were uploaded and furnished along with the applications. The impugned orders have, however, been passed on account of non-compliance with the notice issued by the learned CIT (Exemption), leading to rejection of the applications.

4.

In our considered view, proceedings relating to grant or continuation of registration under section 12AB and approval under section 80G have far-reaching consequences for a charitable institution. Where the record indicates that the assessee had already placed substantial documentary material in support of its claim and the rejection has occurred primarily because one notice remained unattended, the ends of justice would be better served by affording one more effective opportunity to the assessee to place its case before the competent authority. More so, when the impugned orders do not reveal any examination on merits of the objects, activities and supporting documents already furnished by the assessee, it would be appropriate that the entire matter is revisited after granting adequate opportunity of hearing.

5.

Accordingly, in the interest of substantial justice and fair adjudication, we set aside the impugned orders dated 04.03.2026 passed by the learned CIT (Exemption) and restore both the matters to his file for adjudication afresh in

4 ITA No.4681 & 4682/Mum/2026 Shatataraka Samajik Seva Sanstha accordance with law. The learned CIT (Exemption) shall examine the applications, documents and explanations that may be furnished by the assessee and thereafter pass a speaking order on merits after providing due and effective opportunity of being heard. The assessee is also directed to promptly comply with all notices and furnish the requisite details as may be called for during the fresh proceedings.

6.

In the result, both the appeals of the assessee are allowed for statistical purposes.

Order pronounced on 24th June, 2026.

Sd/- Sd/- (GIRISH AGRAWAL) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 24/06/2026 KARUNA, sr.ps Copy of the Order forwarded to : 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// BY ORDER,

(Asstt. Registrar) ITAT, Mumbai

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