SRI SADHU MARGI JAIN SHRVAK SANGH TRUST,JAIN CHOWK NOKHA BIKANER ,NOKHA vs. CIT EXEMPTION, JAIPUR

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ITA 1346/JPR/2026Status: DisposedITAT Jaipur16 October 2026AY 2026-273 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal considered the submissions of both parties and perused the materials on record, including the copy of the registration application in Form No. 6 dated 12.10.2026 issued by the RPT authority. In the interest of justice, the Tribunal decided to set aside the matters back to the file of the Ld. CIT(E). The Ld. CIT(E) was directed to provide the assessee with one more opportunity of hearing and then grant registration as per the provisions of law. The Tribunal also noted that the assessee should cooperate by filing all required documents and details before the Ld. CIT(E) for passing the order of registration under sections 12AB and 80G(5) of the Act. The appeals were allowed for statistical purposes.

What were the facts?

The assessee, Shri Radha Govind Sewa Sansthan, filed two appeals (ITA No. 1537 & 1538/JPR/2026) against the orders dated 28.03.2026 passed by the Commissioner of Income Tax (Exemption), Jaipur. The CIT(E) had denied registration under section 12AB of the Income Tax Act, 1961, and consequently under section 80G. The reasons for denial included non-registration under the Rajasthan Public Trust Act, 1959, incomplete Form 10AB, and alleged non-genuineness of the assessee's activities. The assessee presented a copy of a registration application in Form 6 dated 12.10.2026 issued by the RPT authority, requesting the matter be set aside to the CIT(E) for granting the registrations. The Revenue had no objection to this course of action.

What were the issues?

1. Whether the Commissioner of Income Tax (Exemption) erred in denying registration under section 12AB of the Income Tax Act, 1961, to the assessee for non-registration under the Rajasthan Public Trust Act, 1959, incomplete Form 10AB, and non-genuineness of activities. 2. Whether the Commissioner of Income Tax (Exemption) erred in consequently denying registration under section 80G of the Act. Assessee's contentions: The assessee argued that it had submitted a copy of its registration application in Form 6 dated 12.10.2026 issued by the RPT authority. Based on this, the assessee requested that the matter be set aside to the Ld. CIT(E) for granting registration under sections 12AB and 80G of the Act. Revenue's contentions: The Ld. CIT-DR for the Revenue stated that they had no objection to setting aside the matter back to the file of the Ld. CIT(E).

Which sections of the Income-tax Act were involved?

Section 12AB,Section 80G,Section 80G(5)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, JAIPUR

Before: Shri T. R. Senthil Kumar & Shri Prakash

For Appellant: Shri Anil Kumar Agarwal
For Respondent: Shri Shravan Kumar

आदेश/ORDER

PER : T. R. SENTHIL KUMAR, JUDICIAL MEMBER:- These two appeals are filed by the assessee as against separate orders both dated 28.03.2026 passed by Commissioner of Income Tax (Exemption), Jaipur denying registration under section 12AB of the Income Tax Act, 1961 for non-registration under Rajasthan Public Trust Act, 1959, for incomplete Form 10AB, non-genuineness of its activities and also consequently denying registration u/s 80G of the Act.

I.T.A No. 1537 & 1538/JPR/2026 Page No 2 Shri Radha Govind Sewa Sansthan

2.

Ld. Counsel appearing on behalf of the assessee submitted that the assessee has submitted copy of Registration application in Form 6 dated 12.10.2026 issued by RPT authority, thereby requested to set aside the matter back to the file of Ld. CIT(E) for granting registration u/s. 12AB and 80G of the Act.

3.

Per contra, Ld. CIT-DR appearing for the Revenue has no objection in setting aside the matter back to the file of Ld. CIT(E).

4.

We have given our thoughtful consideration and perused the materials available on record including copy of registration application in Form No.6 dated 12.10.2026 issued by RPT authority. Therefore, in the interest of Justice, we deem it fit to set aside the matters back to the file of Ld. CIT(E) with a direction to give one more opportunity of hearing to the assessee and thereby grant registration as per the provisions of law. Needless to say that the assessee should cooperate by filing all the required documents and details before the Ld. CIT(E) for passing the order of registration u/s. 12AB and 80G(5) of the Act.

5.

In the result, both the appeals filed by the assessee are hereby allowed for statistical purposes.

Order pronounced in the open court on 16-10-2026

Sd/- Sd/- (PRAKASH) (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER

Dated 16/10/2026 Dhananjay K., Sr. PS

I.T.A No. 1537 & 1538/JPR/2026 Page No 3 Shri Radha Govind Sewa Sansthan

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, जयपुर

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