SMT. LILAVATIBEN VENILAL DALAL TRUST,SURAT vs. CIT(EXEMPTION), AHMEDABAD
What did the Tribunal hold?
The Tribunal held that the assessee-trust was not granted a proper opportunity of hearing by the Ld. CIT(E) before passing the order. It emphasized the principle of 'audi alteram partem', which mandates that parties are entitled to a fair hearing and should not be condemned unheard. The Tribunal noted that the Ld. CIT-DR did not object to remitting the matter back to the Ld. CIT(E). Consequently, the Tribunal set aside the order of the Ld. CIT(E) and restored the matter to the file of the Ld. CIT(E) for passing a fresh order in accordance with the law. The Ld. CIT(E) was directed to provide an adequate and reasonable opportunity of hearing to the appellant-trust, and the trust was permitted to file any other relevant information or evidence in support of its application. The grounds of appeal were treated as allowed for statistical purposes.
What were the facts?
The assessee, Smt. Lilavatiben Venilal Dalal Trust, filed an appeal against the order of the Commissioner of Income-tax (Exemption), Ahmedabad (Ld. CIT(E)). The Ld. CIT(E) rejected the trust's application for approval under the first proviso to Section 80G(5) of the Income Tax Act, 1961, in Form No. 10AB. The rejection was based on the trust's failure to reply to notices issued on 17.09.2024, 05.11.2024, and 16.12.2024, leading the Ld. CIT(E) to believe the trust was not pursuing the application. The Ld. CIT(E) also noted a previous violation of Section 80G(5B) in assessment year 2021-22 concerning religious expenditure exceeding the 5% threshold and concluded the trust was not established for charitable purposes. The trust had previously been granted provisional approval on 28.02.2023. The Ld. CIT(E) cancelled this provisional approval and rejected the application for permanent approval.
What were the issues?
1. Whether the Ld. CIT(E) erred in rejecting the assessee-trust's application for approval under Section 80G(5)(iii) of the Income Tax Act, 1961, without providing an adequate opportunity of hearing and considering the submitted documents. Assessee's Contention: The assessee argued that due to various reasons, they could not comply with the notices issued by the Ld. CIT(E) and requested one more opportunity to present their case. They relied on the ITAT Jaipur Bench decision in Shiv Ratan Rathi Foundation vs. CIT [2012] 20 taxmann.com 221 (JP), highlighting that the matter was not adjudicated on merits and they sought an opportunity to contest before the Ld. CIT(E). The assessee also contended that the Ld. CIT(E) passed the order without considering the details submitted by the trust and without adequate hearing. Revenue's Contention: The Ld. CIT-DR for the revenue relied on the order of the Ld. CIT(E) and did not object to the prayer of the Ld. AR for the assessee.
Which sections of the Income-tax Act were involved?
Section 80G,Section 80G(5),Section 80G(5)(iii),Section 80G(5B)
AI-generated summary — verify with the full judgment below
िनधा�रती की ओर से /Assessee by Shri Rasesh Shah, CA राज� की ओर से /Revenue by Shri Mukesh Jain– CIT-DR सुनवाई की तारीख/Date of hearing 10.09.2025 उद्घोषणा की तारीख/Date of pronouncement 16.09.2025 Order under section 254(1) of Income Tax Act PER DINESH MOHAN SINHA, JUDICIAL MEMBER: This appeal by assessee is directed against the order of Ld. Commissioner of Income-tax(Exemption), Ahmedabad [for short, “Ld. CIT(E)”] dated 29.12.2024 rejecting the application filed for approval under clause(iii) of first proviso to sub- section(5) of Section 80G of Income Tax Act, 1961 (‘the Act’) in Form No.10AB of the Act.
Brief facts of the case that notices issued to the assessee-trust on 17.09.2024, 05.11.2024 and 16.12.2024 respectively that assessee has not replied to such notices and Ld. CIT(E) has views that assessee-trust was not interested in pursuing the present application. The assessee-trust has already been granted provisional approval on 28.02.2023 and application of the assessee-trust was rejected on the ground that Smt. Lilavatiben V Dalal Trust it has violated the provision 80G(5B) of the Act in the assessment year 2021-22. It was further viewed by Ld. CIT(E) that assessee-trust is not established for the purpose of charitable and since the assessee-trust has violated the provisions of sub- clause(5B) of Section 80G is making expenditure on religious expenditure on haveli construction above threshold limit of 5%. Therefore, he issued another show cause notice which was not replied to nor any request for adjournment sought for. In absence of requisites details, the Ld. CIT(E) decided the case based on materials available on record and the details/documents furnished along with Form-10AB. Section 80G makes it clear that before granting approval, the Ld. CIT(E) has to satisfy himself about the genuineness of the activities of the trust and fulfilment of all the conditions laid down in clauses(i) to (v) of Section 80G(5) of the Act. In absence of documentary evidence to satisfy the Ld. CIT(E) about the genuineness of activities and fulfilment of the conditions in clauses(i) to (v) of Section 80G(5) of the Act, the Ld. CIT(E) rejected the application filed in Form-10AB for approval u/s 80G(5)(iii) of the Act and he also cancelled the provisional approval. Aggrieved by the order of the Ld.CIT(E), the assessee filed an appeal before us.
During the course of argument, the Ld. AR of the assessee argued that because of one reasons or the other reasons the notices issued by the Ld. CIT(E) should not be complied with hence, one more opportunity should be given to explain the case. However, Ld. AR also relied one judgment of ITAT Jaipur Bench in the case of Shiv Ratan Rathi Foundation vs. CIT [2012] 20 taxmann.com 221 (JP) that assessee has Smt. Lilavatiben V Dalal Trust also filed income-tax for AY 2023-24 before us since the matter has not been adjudicated on merit by the Ld. CIT(E) and assessee is asking for an opportunity to contest its case before Ld.CIT(E).
On the other hand, Ld. CIT-DR for the revenue, relied upon the order of the Ld. CIT(E) and not objected to the prayer of the Ld. AR.
We have heard the rival contentions of both the parties and perused the materials available on record. It was also granted provisional approval on 28.02.2023. The appellant-trust had submitted various details before the Ld. CIT(E) during the proceedings for permanent approval u/s 80G(5)(iii) of the Act. The Ld. AR submitted that the Ld. CIT(E) has passed the instant order without considering the details submitted by the appellant-trust and without giving adequate opportunity of hearing. We have again perused the materials available on record and find that the appellant- trust was not granted proper opportunity of hearing by the Ld. CIT(E) before passing the order. The principle of audi alteram partem envisages that parties are eligible for fair hearing and that no one should be condemned unheard. The Ld. CIT-DR has also no objection if the matter is remitted back to the file of Ld. CIT(E). Thus, considering the totality of facts and the prayer of Ld. AR of the appellant-trust, the order of Ld. CIT(E) is set aside and matter is restored back to the file of Ld.CIT(E) to pass the order afresh in accordance with law after giving adequate and reasonable opportunity of hearing to the appellant-trust. The appellant-trust may also file any other relevant information/evidences, in support of the subject application. With this direction, the
More judgments on Section 80G
- Savan Dayalal Ladani, Rajkot vs Assistant Commissioner of Income Tax-2(1)…ITA 575/RJT/2026[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Pareshbhai Savjibhai Khunt, Rajkot vs Income Tax Officer Ward - 2(2)(3), RajkotITA 842/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 777/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Global University Foundation, Hyderabad vs CIT(Exemption), HyderabadITA 776/HYD/2026[2026-27]Status: Disposed16 Oct 2026AY 2026-27
Recent GST High Court judgments
Search GST case law →- Giri Paints vs. The Assistant Commissioner (St)Madras · 15 Oct 2026
- Rahul Radheshyam Chauhan vs. Union Of INDIA Thru The Sec. Ministry Of Law And Justice And OrsBombay · 15 Oct 2026
- S.Murugesan vs. The Deputy Commercial Tax OfficerMadras · 15 Oct 2026
- Tvl. Annai Garden vs. The Commercial Tax Officer / The State Tax OfficerMadras · 15 Oct 2026
- Yadeshwar Mallekedi vs. The State Of TelanganaTelangana · 15 Oct 2026