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Facts
The assessee's appeal arose against the CIT(Exemption)'s order rejecting its claim for section 12A registration as a charitable trust. The CIT(E) had proceeded ex-parte, citing the assessee's failure to provide relevant details.
Held
The Tribunal considered that the CIT(E) proceeded ex-parte and there might have been communication gaps. Therefore, to restore the interest of justice, the Tribunal decided to restore the appeal back to the CIT(E) for fresh adjudication.
Key Issues
Whether the CIT(E) was justified in proceeding ex-parte against the assessee without affording sufficient opportunities. Whether the case should be remanded for fresh adjudication.
Sections Cited
12A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI
Before: Sh. Satbeer Singh Godara & Sh. Manish Agarwal
Asstt. Year: 2025-26 Opt Educational Trust, Vs CIT(Exemptions), G-32, Palika Bhawan, R. K. Puram, New Delhi-110002 Sector-1, South West Delhi, New Delhi-110022 (APPELLANT) (RESPONDENT) PAN No. AAATO0980F Assessee by : Sh. Shyam Sunder Mangla, CA Revenue by : Ms. Amisha S. Gupta, CIT-DR Date of Hearing: 02.12.2025 Date of Pronouncement: 02.12.2025 ORDER
Per Satbeer Singh Godara, Judicial Member:
This assessee’s appeal arises against the CIT(Exemption), Delhi’s DIN & order No. ITBA/EXM/F/EXM45/2025- 26/10778478863(1) dated 26.06.2025, in proceedings u/s 12A of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
It emerges at the outset during the course of hearing that the learned CIT(E)’s detailed discussion has quoted the assessee’s failure in filing all the relevant details thereby declining it’s claim of section 12A registrations as a charitable trust.
Opt Educational Trust 4. We have given our thoughtful consideration to the foregoing rival stand and are of the considered view that since the CIT(E) has proceeded ex-parte against the assessee, possibility of some communication gaps between the taxpayer and it’s arguing counsel/auditor could not be altogether ruled out.
Faced with this situation and in the larger interest of justice, we deem it appropriate to restore the assessee’s instant appeal back to the learned CIT(E) for his afresh appropriate adjudication, within three effective opportunities subject to a rider that the taxpayer shall plead and prove the case at it’s own risk and responsibility, in consequential proceedings. Ordered accordingly.