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“Section 12(1)(ac)”

Section References (mined)Section 12Section 12(1)(ac)74 judgments

The decision most relied on for Section 12(1)(ac) is Ananda Social and Educational Trust v. CIT (426 ITR 340), cited in 116 judgments on BharatTax.

Leading authorities on Section 12(1)(ac)

Ananda Social and Educational Trust v. CIT
426 ITR 340 · 2020 · Supreme Court
116
citing judgments

For registration under Section 12AA, the Commissioner (Exemptions) must examine the objects of the trust and the genuineness of its proposed activities, even if the trust has not yet commenced actual charitable activities or incurred expenditure.

Trustees of Shri Kot Hindu Stree Mandal v. CIT
209 ITR 396 · 1994 · High Court
80
citing judgments

Membership fees and subscription amounts received by a trust or society from its members are not considered 'voluntary contributions' under Section 12 of the Income-tax Act, as they are not gratuitous payments or gifts but are made with consideration.

CIT v. Dawoodi Bohara Jamat
43 Taxmann.com 243 · 2014 · Supreme Court
57
citing judgments

Section 13(1)(b) of the Income-tax Act applies to composite trusts that engage in both religious and charitable activities, meaning such trusts may be excluded from exemption under Section 11.

IT v. Andhra Pradesh Road Transport Corporation (1986) 159 ITR 1 (SC), Thiagrajan Charities v. Addl. CIT
225 ITR 1010 · 1997 · Supreme Court
39
citing judgments

For funds to be considered part of a charitable activity, the predominant object of the institution must be charitable, not profit-making. Any surplus generated must be redeployed in charitable activities.

Oxford Academy for Career Development v. Chief CIT
315 ITR 382 · 2009 · High Court
37
citing judgments

The Commissioner of Income Tax (CIT) has no power to cancel registration granted under Section 12A of the Income Tax Act retrospectively, especially when there is no express provision in the Act for such cancellation and the order is quasi-judicial in nature.

Welham Boys' School Society v. CBDT
285 ITR 74 · 2006 · High Court
36
citing judgments

An order passed by the CIT under Section 12A of the Income Tax Act is quasi-judicial. Until October 1, 2004, there was no express provision in the Act for the CIT to cancel a registration certificate once granted.

CIT v. Palghat Shadi Mahal Trust
254 ITR 212 · 2002 · Supreme Court
24
citing judgments

A charitable trust established for the benefit of a specific community is disqualified from exemption under section 11 if it extends benefits to other communities, as this violates the provisions of section 13(1)(b).

CIT v. Bayath Kutchhi Dasa Oswal Jain Mahajan Trust
8 ITR-OL 494 · 2017 · High Court
19
citing judgments

Section 13(1)(b) cannot be invoked at the stage of registration under Section 12A; it is attracted only at the time of assessment for exemption under Section 11.

Judgments citing Section 12(1)(ac)

Quality Education Foundation, Alipur Road, Opp to Zambare Ganesh Temple vs. Income Tax Officer Exemption Ward 1, Pmt Building Shankar Shet Road Pune

In the result, the appeal filed by the assessee in ITA

ITA 1719/PUN/2025[2024-25]Status: DisposedITAT Pune27 Oct 2025AY 2024-25

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1718 & 1719/Pun/2025 Quality Education Foundation, Vs. Cit, Exemption, Pune. 841, Alipur Road, Zambare Ganesh Mandira Samor, Shivaji Nagar, Barshi- 413411. Pan : Aaaaq0714C Appellant Respondent Assessee By : Shri Umesh Mali Revenue By : Shri Amit Bobde Date Of Hearing : 09.10.2025 Date Of Pronouncement : 27.10.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 18.12.2024 Passed By Ld. Cit, Exemption, Pune Rejecting The Application For Registration In Form No.10Ab Under Clause (Iii) Of Section 12A(1)(Ac) Of The It Act Filed On 08.06.2024 & Denying The Application For Approval In Form No.10Ab Under Clause (Iii) Of First Proviso To Sub-Section (5) Of Section 80G Of The It Act Filed On 09.06.2024. 2. There Is Delay In Filing Of Both The Appeals. We Are Satisfied With The Reasons Mentioned In The Affidavit For Condonation That The Applicant Was Prevented By Sufficient Cause For Not Filing The Appeals Within The Prescribed Time Limit. After Hearing Ld. Dr, We Condone The Delay & Proceed To Adjudicate The Appeals.

For Appellant: Shri Umesh MaliFor Respondent: Shri Amit Bobde
Section 12(1)(ac)Section 12ASection 12A(1)(ac)Section 80G

Facts of the case, in brief, are, that the assessee has filed application for registration in Form No.10AB under clause (iii) of section 12(1)(ac) of the IT Act on 08.06.2024. The instant application was rejected by Ld. CIT, Exemption, Pune by observing as under :- “8. The provisions ... unjustified. Ld. AR submitted before us that originally the assessee filed application dated 23.10.2023 for registration in Form No.10AB under clause (iii) of section 12(1)(ac) of the Act and while rejecting it on the ground of delay vide order dated 15.04.2024 Ld. CIT, Exemption, Pune also rejected

Quality Education Foundation, Alipur Road, Opp to Zambare Ganesh Temple vs. Income Tax Officer Exeption Ward 1, Pmt Building Shankar Shet Road Pune

In the result, the appeal filed by the assessee in ITA

ITA 1718/PUN/2025[2024-25]Status: DisposedITAT Pune27 Oct 2025AY 2024-25

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1718 & 1719/Pun/2025 Quality Education Foundation, Vs. Cit, Exemption, Pune. 841, Alipur Road, Zambare Ganesh Mandira Samor, Shivaji Nagar, Barshi- 413411. Pan : Aaaaq0714C Appellant Respondent Assessee By : Shri Umesh Mali Revenue By : Shri Amit Bobde Date Of Hearing : 09.10.2025 Date Of Pronouncement : 27.10.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 18.12.2024 Passed By Ld. Cit, Exemption, Pune Rejecting The Application For Registration In Form No.10Ab Under Clause (Iii) Of Section 12A(1)(Ac) Of The It Act Filed On 08.06.2024 & Denying The Application For Approval In Form No.10Ab Under Clause (Iii) Of First Proviso To Sub-Section (5) Of Section 80G Of The It Act Filed On 09.06.2024. 2. There Is Delay In Filing Of Both The Appeals. We Are Satisfied With The Reasons Mentioned In The Affidavit For Condonation That The Applicant Was Prevented By Sufficient Cause For Not Filing The Appeals Within The Prescribed Time Limit. After Hearing Ld. Dr, We Condone The Delay & Proceed To Adjudicate The Appeals.

For Appellant: Shri Umesh MaliFor Respondent: Shri Amit Bobde
Section 12(1)(ac)Section 12ASection 12A(1)(ac)Section 80G

Facts of the case, in brief, are, that the assessee has filed application for registration in Form No.10AB under clause (iii) of section 12(1)(ac) of the IT Act on 08.06.2024. The instant application was rejected by Ld. CIT, Exemption, Pune by observing as under :- “8. The provisions ... unjustified. Ld. AR submitted before us that originally the assessee filed application dated 23.10.2023 for registration in Form No.10AB under clause (iii) of section 12(1)(ac) of the Act and while rejecting it on the ground of delay vide order dated 15.04.2024 Ld. CIT, Exemption, Pune also rejected

B S Rai Education Trust, Mumbai vs. CIT (Exemptions), Mumbai

In the result, the Assessee’s appeal is allowed for statistical purposes in the above terms

ITA 3516/MUM/2025[2025-26]Status: DisposedITAT Mumbai30 Sept 2025AY 2025-26

Bench: Shri Om Prakash Kant & Shri Narender Kumar Choudhryassessment Years: 2025-26 & Assessment Years: 2025-26 M/S. Bs Rai Education Trust, Cit (Exemptions), 201, Neera Govind, Room No.601, 6Th Floor, Govind Nagar, Cumballa Hill Mtnl Te S.N. Road, Building, Vs. Mumbai – 400 080 Pedder Road, Pan: Aabtb6348K Dr. Gopalrao Deshmukh Marg, Cumballa Hill, Mumbai – 400 026 (Appellant) (Respondent) Present For: Assessee By : Shri Ganesh Kevat, Ld. A.R. Revenue By : Shri Satyaprakash R. Singh, Ld. D.R. Date Of Hearing : 04.09.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per : Narender Kumar Choudhry: These Appeals Have Been Preferred By The Assessee Against The Orders Even Dated 21.03.2025, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Exemptions) (In Short Ld. Commissioner) U/S 80G Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2025-26. 2. Both The Appeals Are Interconnected & Having Involved Almost Identical Issues & Therefore For The Sake Of Brevity The Same Were Heard Together & Are Being Disposed Of By This M/S. Bs Rai Education Trust Composite Order By Taking Into Consideration The Facts & Circumstances & Issue Involved In Ita No.3497/M/2025 As A Lead Case & Result Of The Same Would Be Applicable Mutatis Mutandis To Both The Appeals Under Consideration.

For Appellant: Shri Ganesh Kevat, Ld. A.RFor Respondent: Shri Satyaprakash R. Singh, Ld. D.R
Section 12(1)(ac)Section 12ASection 12A(1)(ac)Section 80G

eyes of law and/or by treating the same as filed under sub clause (iii) of the provision of M/s. BS Rai Education Trust section 12(1)(ac) of the Act. Suffice to say, the Ld. Commissioner shall afford reasonable opportunity of being heard to the Assessee. 5. In the result

B S Rai Education Trust, Mumbai vs. CIT (Exemptions), Mumbai

In the result, the Assessee’s appeal is allowed for statistical purposes in the above terms

ITA 3497/MUM/2025[2025-26]Status: DisposedITAT Mumbai30 Sept 2025AY 2025-26

Bench: Shri Om Prakash Kant & Shri Narender Kumar Choudhryassessment Years: 2025-26 & Assessment Years: 2025-26 M/S. Bs Rai Education Trust, Cit (Exemptions), 201, Neera Govind, Room No.601, 6Th Floor, Govind Nagar, Cumballa Hill Mtnl Te S.N. Road, Building, Vs. Mumbai – 400 080 Pedder Road, Pan: Aabtb6348K Dr. Gopalrao Deshmukh Marg, Cumballa Hill, Mumbai – 400 026 (Appellant) (Respondent) Present For: Assessee By : Shri Ganesh Kevat, Ld. A.R. Revenue By : Shri Satyaprakash R. Singh, Ld. D.R. Date Of Hearing : 04.09.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per : Narender Kumar Choudhry: These Appeals Have Been Preferred By The Assessee Against The Orders Even Dated 21.03.2025, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Exemptions) (In Short Ld. Commissioner) U/S 80G Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2025-26. 2. Both The Appeals Are Interconnected & Having Involved Almost Identical Issues & Therefore For The Sake Of Brevity The Same Were Heard Together & Are Being Disposed Of By This M/S. Bs Rai Education Trust Composite Order By Taking Into Consideration The Facts & Circumstances & Issue Involved In Ita No.3497/M/2025 As A Lead Case & Result Of The Same Would Be Applicable Mutatis Mutandis To Both The Appeals Under Consideration.

For Appellant: Shri Ganesh Kevat, Ld. A.RFor Respondent: Shri Satyaprakash R. Singh, Ld. D.R
Section 12(1)(ac)Section 12ASection 12A(1)(ac)Section 80G

eyes of law and/or by treating the same as filed under sub clause (iii) of the provision of M/s. BS Rai Education Trust section 12(1)(ac) of the Act. Suffice to say, the Ld. Commissioner shall afford reasonable opportunity of being heard to the Assessee. 5. In the result