SHREE PRAGATI MANDAL SANTOSHBA SANSKAR BHAVAN,GANDHINAGAR vs. THE CIT(EXEMPTION), AHMEDABAD
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal set aside the CIT(E)'s order, restoring the matter for fresh adjudication. The Ld. CIT(E) is directed to reconsider the application on its merits, issue a reasoned order, and provide the assessee a reasonable opportunity to be heard.
What were the facts?
The assessee, Shree Pragati Mandal Santoshba Sanskar Bhavan, filed an application in Form No. 10AB for approval under Section 80G(5)(iii) of the Income-tax Act, 1961. The Ld. CIT(E) rejected this application primarily because the final registration was obtained belatedly by the assessee-trust, without considering the merits of the case.
What were the issues?
Whether the CIT(E) was justified in rejecting an application for 80G(5)(iii) approval solely due to belated final registration without examining the merits, and the procedure for fresh adjudication.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, AHMEDABAD
Before: DR. B.R.R. KUMAR, VICE-MS. SUCHITRA R. KAMBLE
PER DR. B.R.R. KUMAR, VICE-PRESIDENT:-
Delay condoned.
The captioned appeal has been filed by the assessee against the order passed by the Ld. Commissioner of Income Tax (Exemption), Ahmedabad (hereinafter referred to as the ‘Ld. CIT (E)’ for short), vide order dated 25.07.2025, rejecting the application filed by the assessee in Form No. 10AB for approval u/s 80G(5)(iii) of the Income-tax Act, 1961 (hereinafter referred to as “the Act” for short).
At the outset, it is observed that the sole ground on which the application of the assessee under Section 80G(5) of the Act was rejected is that the final registration was obtained belatedly by the assessee-trust. In this regard, it is noted that the rejection has been made primarily on account of delay, without Shree Pragati Mandal Santoshba Sanskar Bhavan Vs. CIT(E) Asst. Year : - 2– adverting to the merits of the application or examining the explanations, if any, offered by the assessee.
Having considered the facts and circumstances of the case, and in the interest of justice, we deem it appropriate to set aside the impugned order and restore the matter to the file of the Ld. CIT(E) for fresh adjudication. The Ld. CIT(E) shall consider the application afresh and pass a reasoned and speaking order in accordance with law, after duly considering the submissions and explanations that may be furnished by the assessee and after affording reasonable opportunity of being heard.
In the result, the appeal of the assessee is allowed for statistical purposes.
The order is pronounced in the open Court on 16.02.2026
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