THE BHARAT YADAV FOUNDATION,BAHADURGARH vs. CIT (EXEMPTIONS), CHANDIGARH
What did the Tribunal hold?
The Tribunal set aside the order of the CIT (Exemptions), observing that the assessee was denied registration because complete details were allegedly not filed, but also noting that some details were furnished. The matter was restored to the CIT (Exemptions) for fresh consideration after providing adequate opportunity of being heard to the assessee.
What were the facts?
The assessee's application for registration under Sections 12A/12AB of the Income Tax Act was rejected by the Commissioner of Income Tax (Exemptions), Chandigarh. The assessee appealed, contending that the rejection was ex-parte, without sufficient opportunity, and that their objects and activities are charitable in nature.
What were the issues?
Whether the rejection of an application for registration under Section 12A/12AB of the Income Tax Act by the CIT (Exemptions) was valid when the assessee claimed insufficient opportunity of being heard and incomplete consideration of furnished details.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH, ‘E’: NEW DELHI
Before: SHRI C.N. PRASAD & SHRI NAVEEN CHANDRA
ORDER
PER C.N. PRASAD, JM,
This appeal filed by the assessee is preferred against the order of the Commissioner of Income Tax (Exemptions), Chandigarh [herein after referred as “CIT(E)”] dated 19.03.2025 in denying registration u/s.12AB of the Act. The assessee has raised the following common grounds against rejection of registration u/s.12AB of the Act by the Ld. CIT (Exemptions) :-
1 That the order of the Ld. CIT (Exemptions) is against law and facts. 2. That the Ld. CIT (Exemptions) erred in rejecting the application of appellant for registration u/s 12A/12AB of the Act, although the appellant fulfills all the conditions laid down in the Act and all the objects and activities of the appellant are charitable in nature.
3. That the Ld. CIT (Exemption) erred in rejecting the application for registration u/s 12A/12AB by passing an ex-parte order, although the appellant had duly filed requisite reply and documents in response to first query letter and had duly filed adjournment application in response to second query letter.
4. That the appellant craves leave to add, alter, modify, amend or withdraw any of the ground of appeal at the time of hearing.
2. Ld. Counsel for the assessee at the outset submitted that the Ld. CIT (Exemption) erred in rejecting the application for registration u/s.12A/12AB by passing order without giving sufficient opportunity to the Assessee. The Ld. Counsel for the assessee stated that the issue may be restore to the file of the Ld. CIT(E) for reconsideration of the application filed by the assessee.
On the other hand the Ld. DR has no serious objection in restoring the issue in these appeals to the file of the Ld. CIT(E) for reconsideration of the claim of the assessee.
On hearing both the parties and perusing the order of the Ld. CIT(E), we observed that the Ld. CIT(E) denied the registration u/s.12A of the Act on the ground that the Page | 2 assessee did not furnish any details / information required as per the notices issued by him. He also admits that the Assessee had furnished certain details. However, it appears that the Ld. CIT(E) without going into the details passed order mainly for the reason that the Assessee not filed complete details. Therefore, considering also the findings of the Ld. CIT(E), in our view it is appropriate to restore this two appeal to the file of the Ld. CIT(E) for reconsideration of the applications filed by the assessee for registration u/s.12A of the Act. Accordingly, we set aside the order of the Ld. CIT(E) and restore the issue in appeal to the file of the Ld. CIT(E) who shall pass fresh order after providing adequate opportunity of being heard to the assessee.
In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on 19.12.2025.
More judgments on Section 12A
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Sanskardham Nandan, Mehsana vs CIT(Exemption), AhmedabadITA 2980/AHD/2026[2025-26]Status: Disposed16 Oct 2026AY 2025-26
- 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
- Shiva Shiksha Samiti, Deendayal Puram, Up… vs Income-Tax Officer, Ward-Exemption, Agra…ITA 415/AGR/2026[2017-18]Status: Disposed15 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- Akshaya Consortium vs. The Assistant Commissioner (St)Andhra Pradesh · 28 Oct 2026
- Dipanshu Aggarwal vs. Director General Of GST IntelligenceDelhi · 28 Oct 2026
- Dezinetree Projects PVT. LTD. vs. Spokes Digital Inc And AnrDelhi · 28 Oct 2026
- Jaydeep Jayantilal Hudaka vs. State Of GujaratGujarat · 28 Oct 2026
- Commissioner/Additional Commissioner Of Central Tax vs. M/S INDIA Agro Exports Private LimitedKarnataka · 28 Oct 2026