MANASHAKTI REST NEW WAY,PUNE vs. CIT EXEMPTION PUNE, PUNE

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ITA 3196/PUN/2026Status: DisposedITAT Ahmedabad22 October 2026AY 2027-283 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 held that the Ld. CIT(Exemption) had rejected the assessee's application on hyper-technical grounds. It was noted that the assessee had been receiving approval for registration under Section 80G for years and had submitted copies of relevant certificates. The Tribunal found that the rejection was solely based on the incorrect sub-clause selected, without delving into the merits of the case. Therefore, the Tribunal set aside the order of the Ld. CIT(Exemption) and remanded the matter back to the Ld. CIT(Exemption) for de-novo adjudication. The Ld. CIT(Exemption) was directed to consider the application under the appropriate sub-clause, ignoring the typographical mistake. The appeal was allowed for statistical purposes.

What were the facts?

The assessee, Manashakti Rest New Way, filed an appeal against the order dated 28.06.2026 passed by the Learned Commissioner of Income Tax (Exemption), Pune (Ld. CIT(E)). The Ld. CIT(E) rejected the assessee's application for registration under Section 80G(5) of the Income Tax Act, 1961. The assessee had previously received registration under Section 12A in 1982 and later renewed it on 09.08.2023 and 28.09.2026. The assessee also had prior approval under Section 80G since 2011. Following a procedural change, the assessee re-applied for Section 80G registration but inadvertently selected an incorrect sub-clause, which the assessee contended was a typographical mistake.

What were the issues?

1. Whether the Ld. CIT(Exemption) erred in rejecting the assessee's application for registration under Section 80G(5) of the Income Tax Act, 1961, on hyper-technical grounds, specifically due to the selection of an incorrect sub-clause, despite the assessee having a history of approvals under the said section? Assessee's contentions: The assessee argued that the selection of the incorrect sub-clause was a typographical mistake and that the Ld. CIT(E) had adopted a hyper-technical view. The assessee highlighted its long-standing registrations under Section 12A and prior approvals under Section 80G. The assessee relied on ITAT orders and requested the matter be set aside for de-novo adjudication under the appropriate sub-clause. Revenue's contentions: The Ld. DR relied on the order of the Ld. CIT(Exemption).

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE

Before: SHRI Dr. DIPAK P. RIPOTE & SHRI VINAY BHAMORE

For Appellant: Shri Pramod S Shingte
For Respondent: Shri Mithun Shete, CIT-DR

PER Dr. DIPAK P. RIPOTE, A.M : This is an appeal filed by the assessee against the order of the Learned Commissioner of Income Tax (Exemption), Pune [Ld. CIT(E)] rejecting the application u/s 80G(5) of the Income Tax Act, 1961, vide order dated 28.06.2026.

Submission of Ld. AR :

2.

The Ld. AR filed paper book. The Ld. AR submitted that the assessee initially received registration u/s 12A of the Act in 1982. Since, then, the assessee has received registration u/s 12A of the Act. Recently, the assessee has received registration u/s 12A of the Act on 09.08.2023 and then on 28.09.2026. The Ld. AR invited our attention to the paper book which contains these documents. The Ld. AR also submitted that the assessee had initially got approval u/s 80G in 2011. Copy of same is at page 21 of the paper book. The Ld. AR submitted that after the change of procedure the assessee reapplied for registration u/s

ITA No.3196/PUN/2026 80G of the Act but due to lack of proper advice the incorrect sub-clause was selected. The Ld. AR submitted that this was a typographical mistake and the Ld. CIT(Exemption) has taken a hyper technical view in rejecting the assessee’s application. The Ld. AR requested that the Ld. CIT(Exemption)’s order may be set aside to the Ld. CIT(Exemption) for de-novo adjudication under the appropriate sub-clause. The Ld. AR relied on the ITAT orders.

Submission of Ld. DR :

3.

The Ld. DR relied on the order of the Ld. CIT(Exemption).

Findings and Analysis :

4.

We have heard both the parties and perused the records. The order of Ld. CIT(Exemption) dated 28.06.2026 is reproduced here as under :

ITA No.3196/PUN/2026

5.

Thus, it is noted that the Ld. CIT(Exemption) has rejected the application of the assessee on hyper technical reasons. Admittedly, there was selection of incorrect sub-clause. In this case, we have noted that the assessee had been getting approval for registration u/s 80G of the Act for years together. The Ld. AR filed copies of relevant certificates in the paper book. In these facts and circumstances of the case, since registration has been rejected only because of incorrect sub-clause without going into the merits of the case, we set aside the order of Ld. CIT(Exemption) to Ld. CIT(Exemption) for de-novo adjudication. The Ld. CIT(Exemption) shall consider the present application under appropriate sub-clause ignoring the typographical mistake.

6.

In the result, the appeal of the assessee is allowed for statistical purpose.

Order pronounced in the open Court on 22nd October, 2026

Sd/- Sd/- (VINAY BHAMORE) (Dr. DIPAK P. RIPOTE) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे/Pune; दिन ांक/Dated : 22-10-2026 Ravi Kumar आदेशकीप्रतितितिअग्रेतिि/Copy of the Order is forwarded to: 1. अपील र्थी/ The Appellant 2. प्रत्यर्थी/ The Respondent 3. The concerned Pr.CIT, Pune 4. DR, ITAT, ‘A’ Bench, Pune 5. ग र्डफ ईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Sunil Kumar More Digitally signed by Sunil Kumar More Date: 2026.10.25 12:28:12 +05'30' Assistant Registrar आयकरअपीलीयअदिकरण, पुणे / ITAT, Pune

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