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Mahavar Sabha Rewari Vs. Commissioner of Income Tax Exemption Chandigarh

Case No: ITA No.539/Chandi/2024
Court: INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH ‘E’, NEW DELHI
Date: 2/12/2025

Parties Involved

appellantMahavar Sabha Rewari
respondentCommissioner of Income Tax Exemption Chandigarh

Facts Summary

The assessee, Mahavar Sabha Rewari, filed an application in Form No.10AB on 27-09-2023 seeking registration under sub-section (iii) of clause (ac) of sub-section (1) of section 12A of the Income Tax Act, 1961. The Commissioner of Income Tax (Exemption) Chandigarh (CIT(E)) sought clarifications from the assessee and, after considering the documents and clarifications provided, dismissed the application. The CIT(E) held that the activities of maintaining a Dharamshala were not in consonance with the aims and objects of the society. The assessee appealed this decision, arguing that it had provided detailed replies and documents, and that its activities fell within the definition of 'General Public utility' as per section 2(15) of the Act.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the order passed by the CIT(E) is erroneous, bad in law, and in violation of the principles of natural justice.
  • 2. Whether the CIT(E) erred in rejecting the application for registration.
  • 3. Whether the assessee provided appropriate responses to the queries raised by the CIT(E).
  • 4. Whether the activities of the society were in consonance with its stated aims and objects.
  • 5. Whether the order passed by the CIT(E) was a non-speaking order.

Judgment Outcome

Decided in favour of Assessee.

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Mahavar Sabha Rewari Vs. Commissioner of Income Tax Exemption Chandigarh | ITA No.539/Chandi/2024 | 2025 | Opakhya