SOUTH EAST MIGRATION FOUNDATION,DELHI vs. COMMISSIONER OF INCOME TAX (EXEMPTION), DELHI
What did the Tribunal hold?
The Tribunal noted that a co-ordinate bench had already remanded the Section 80G approval matter to the CIT(E). Therefore, the present appeal concerning the Section 12AB(1)(b)(ii)(B) application was also restored to the CIT(E) for a fresh decision.
What were the facts?
The assessee appealed against the order of the CIT(Exemption) challenging the rejection of an application for approval under Section 12AB(1)(b)(ii)(B) of the Income Tax Act. This rejection was consequential to a prior decision regarding approval under Section 80G.
What were the issues?
Whether the rejection of application for approval under Section 12AB(1)(b)(ii)(B) is consequential to the order related to Section 80G approval and requires de-novo decision by the CIT(E).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI
ORDER
PER YOGESH KUMAR, U.S. JM:
The present appeal is filed by the Assessee against the order of Ld. CIT(Exemption) (‘Ld. CIT(E) for short), Delhi dated 27/03/2025.
The Ld. Counsel for the Appellant submitted that the Appeal of the Assessee challenging the rejection of approval u/s 80G of the Act has been disposed of vide order dated 18/07/2025 in wherein the Co-ordinate Bench of the Tribunal remanded the matter to the file of CIT(E) to decide the issues afresh.
Thus, sought for allowing the Appeal.
Per contra, the ld. Department's Representative relying on the order of the CIT(E), sought for allowing of the Appeal.
Heard and perused. In the present Appeal, the Assessee has challenged the rejection of application filed for approval u/s 12AB(1)(b)(ii)
(B) of the Income Tax Act, 1961 (‘Act’ for short). Since, the Tribunal has already restored the issue regarding approval u/s 80G of the Act to the file of CIT(E), the subject matter of present Appeal i.e. rejection of application u/s 12AB(1)(b)(ii) (B) of the Act being consequential, we restore the issue involved in the present Appeal to the file of CIT(E) with a direction to decide the Application de-novo in accordance with law after providing opportunity of being heard to the Appellant. The Appellant is also at liberty to produce any/all documents in support of its claim.
In the result, the appeal of the Appellant is partly allowed for statistical purpose.
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 →- 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
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026