SHRI GURINDER SINGH CHARITABLE TRUST,NEW DELHI vs. CIT EXEMTPTION, DELHI
What did the Tribunal hold?
The ITAT found that the Ld. CIT(Exemption) failed to duly consider the documents submitted by the assessee, thereby denying proper opportunity. The Tribunal set aside the impugned order and remanded the matter back to the Ld. CIT(Exemption) for fresh assessment, directing them to provide adequate opportunity and consider all documents filed.
What were the facts?
Shri Gurinder Singh Charitable Trust applied for registration under Form 10AB on 08/11/2024. After receiving query responses and documents, the Ld. CIT(Exemption) rejected the application on 26.06.2025 based on findings detailed in its order.
What were the issues?
Whether the CIT(Exemption) erred in rejecting the application for registration under Section 12AB without adequately considering the documents filed by the assessee and denying proper opportunity.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “B”NEW DELHI
Before: SHRIMAHAVIR SINGH, HON’BLE & SHRISANJAY AWASTHI
सुनवाईक�तारीख/ Date of hearing: 18.12.2025 18.12.2025 उ�ोषणाक�तारीख/Pronouncement on आदेश /O R D E R PER SANJAY AWASTHI, ACCOUNTANT MEMBER:
This appeal arises from order u/s 12AB(1)(b)(ii)(B) of the Income Tax Act, 1961 (hereafter as “the Act”), passed by Ld. CIT(Exemption), Delhi, dated 26.06.2025.
1.1 In this case the assessee had applied for registration in Form 10AB on 08/11/2024. Thereafter the Ld. CIT(E) issued query letters in response to which certain documents were filed by the assessee. Thereafter, the Ld. CIT(E) rejected the application on the basis of findings given in para 4 at page 3 of the impugned order.
1.2 Aggrieved with this action, the assessee has approached the ITAT with grounds which challenge the denial of opportunity and has also presented grounds which state that the reasons for rejection were never tested in the light of submissions made by the assessee.
Before us the Ld. AR stated that considerable documents were presented before the Ld. CIT(E) and it is evident from a reading of the impugned order that the same have not been duly considered. It was the submission that the assessee deserves another chance to enable presentation of facts before the Ld. CIT(E), who must be directed to consider the same before passing any order.
2.1 The Ld. DR relied on the order of Ld. CIT(E).
We have considered the facts of this case, the documents before us and the written submissions etc. filed by the Ld. AR. We have also perused the impugned order and have heard the Ld. DR. It is evident that the impugned order does not reflect the documents filed by the assessee before the Ld. CIT(E). Accordingly, we deem it fit to set aside the impugned order and remand this issue back to the file of Ld. CIT(E) for fresh assessment. The Ld. CIT(E) would give adequate opportunity and would also consider all the documents which would be filed by the assessee.
In the result, this appeal is allowed for statistical purposes.
Order pronounced in the open court on 18.12.2025
More judgments on Section 12AB
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Sheo Narayan Trust, Khajpura vs CIT Exemption, PatnaITA 554/PAT/2026[2025-2026]Status: Disposed16 Oct 2026AY 2025-2026
- Ss Early Learning Society, Hyderabad vs CIT (Exemption), HyderabadITA 1208/HYD/2025[2026-27]Status: Disposed16 Oct 2026AY 2026-27
- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 592/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
- Shri Brajshiromani Laxmandas Sewa Trust… vs Income-Tax Officer, Ward 1(3)(1), Mathura…ITA 591/AGR/2026[2026-2027]Status: Disposed14 Oct 2026AY 2026-2027
Recent GST High Court judgments
Search GST case law →- M/S Ramshrayashil Constructions PVT.LTD vs. Union Of INDIA Through The Secretary, Ministry Of Finance, Government Of INDIAJharkhand · 2 Nov 2026
- M/S. Kiea Corporate Business Solutions vs. The Deputy State Tax OfficerTelangana · 2 Nov 2026
- M/S. Vrajman Enterprises vs. The Deputy State Tax OfficerTelangana · 2 Nov 2026
- Nimmakayala Padmavathi vs. The Union Of INDIAAndhra Pradesh · 2 Nov 2026
- Som Nath Nagar Mal Th Partner Sanjay Mahajan vs. Union Of INDIA Th Department Of Financial Services, Ministry Of Finance And OthersJammu and Kashmir and Ladakh · 2 Nov 2026