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“registration under section 12A”

Charitable TrustsSection 12ASection 12A2,527 judgments

The decision most relied on for registration under section 12A is ACIT v. Surat City Gymkhana (300 ITR 214), cited in 125 judgments on BharatTax.

Leading authorities on registration under section 12A

ACIT v. Surat City Gymkhana
300 ITR 214 · 2008 · Supreme Court
125
citing judgments

Once an institution receives registration under Section 12AA, the Assessing Officer must compute its income as per Section 11, focusing only on the application of income and not re-examining the charitable nature of its activities. The Supreme Court also clarified the meaning and scope of 'general public utility' under Section 2(15).

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.

Ahmedabad Urban Development Authority v. ACIT
396 ITR 323 · 2017 · High Court
108
citing judgments

Development authorities can continue to be regarded as existing for a 'Charitable Purpose' under Section 2(15) of the Income Tax Act, even after the introduction of the proviso to that section. The contention that such authorities automatically lose their charitable status due to the proviso is incorrect.

CIT v. Gujarat Maritime Board
295 ITR 561 · 2007 · Supreme Court
98
citing judgments

A statutory corporation undertaking activities that generate income qualifies as a charitable entity under Section 2(15) if its dominant object is general public utility and it is legally obligated to apply its income solely for that purpose, even if the activities appear to be in the nature of trade or business. Such an entity is entitled to registration under Section 12A and exemptions under Section 11.

CIT v. Dawoodi Bohra Jamat
364 ITR 31 · 2014 · Supreme Court
83
citing judgments

A trust's objects, even if based on religious tenets, can qualify as charitable for tax exemptions if its benefits are not exclusively restricted to a particular religious community or caste.

CIT v. Ahmedabad Rana Caste Association
140 ITR 1 · 1983 · Supreme Court
82
citing judgments

An object beneficial to a section of the public, as distinguished from an individual or group of individuals, qualifies as an object of general public utility under Section 2(15) and hence a charitable purpose. This applies even if the benefits are restricted to a specific caste, community, or professional group.

CIT v. Parma Nand
268 ITR 172 · 2004 · High Court
81
citing judgments

Whether there was sufficient cause for delay in making applications for registration under section 12A and 80G is always a question of fact, and contumacious conduct by the assessee must be established for levying penalty under section 271C for non-deduction of TDS.

Barendra Prasad Ray v. ITO
129 ITR 295 · 1981 · Supreme Court
80
citing judgments

When determining if an activity serves charitable purposes for tax exemption, the primary consideration is whether its predominant object is to make a profit or to carry out charitable activities.

Judgments citing registration under section 12A

Shri Kunpara Kadva Patidar Samaj Seva Trust, Surendranagar vs. The CIT(Exemption), Ahmedabad

ITA 953/AHD/2024[NA]Status: DisposedITAT Ahmedabad25 Jun 2024

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member 1. Ita No.952/Ahd/2024 2. Ita No.953/Ahd/2024 Assessment Year : - Shri Kunpara Kadva Patidar The Cit(Exemption) Samaj Seva Trust Vs Ahmedabad R Samaj Seca Trust, Chaman Ramjibhai Patel Navalgadh, Dhrangadhra, Surendranagar – 363 320 (Gujarat) Pan: Aaxts 9852 P अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Mehul K. Patel, Adv. Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 19/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 25/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: These Two Appeals By The Assessee-Trust Are Directed Against Two Separate Orders Of The Ld.Commissioner Of Income Tax (Exemptions), Ahmadabad [Hereinafter Referred As “The Ld.Cit(E)”], Dated 19-02-2024 & 07-03-2024, Wherein The Application For Registration Under Section 12Ab & 80G Of The Income Tax Act, 1961, Were Rejected.

For Appellant: Shri Mehul K. Patel, AdvFor Respondent: Shri Sudhendu Das, CIT-DR
Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)

vide Form 10AC dated 27-05-2021. Later on, trust filed an application in Form 10AB on 30-90-2023 for registration under section 12A(1)(ac)(iii) of the Act. The Ld.CIT(E) issued several notices to the assessee trust regarding this application. However, the assessee failed to respond ... No.953/Ahd/2024: 8. Upon considering the submissions and facts on record, we observe that the appeal of the assessee relating to the rejection of registration under Section 12A of the Act has been allowed us in ITA No.952/Ahd/2024, setting aside the order of the Ld.CIT(E). In view of this

Shri Kunpara Kadva Patidar Samaj Seva Trust, Surendranagar vs. The CIT(Exemption), Ahmedabad

ITA 952/AHD/2024[NA]Status: DisposedITAT Ahmedabad25 Jun 2024

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member 1. Ita No.952/Ahd/2024 2. Ita No.953/Ahd/2024 Assessment Year : - Shri Kunpara Kadva Patidar The Cit(Exemption) Samaj Seva Trust Vs Ahmedabad R Samaj Seca Trust, Chaman Ramjibhai Patel Navalgadh, Dhrangadhra, Surendranagar – 363 320 (Gujarat) Pan: Aaxts 9852 P अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Mehul K. Patel, Adv. Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 19/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 25/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: These Two Appeals By The Assessee-Trust Are Directed Against Two Separate Orders Of The Ld.Commissioner Of Income Tax (Exemptions), Ahmadabad [Hereinafter Referred As “The Ld.Cit(E)”], Dated 19-02-2024 & 07-03-2024, Wherein The Application For Registration Under Section 12Ab & 80G Of The Income Tax Act, 1961, Were Rejected.

For Appellant: Shri Mehul K. Patel, AdvFor Respondent: Shri Sudhendu Das, CIT-DR
Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)

vide Form 10AC dated 27-05-2021. Later on, trust filed an application in Form 10AB on 30-90-2023 for registration under section 12A(1)(ac)(iii) of the Act. The Ld.CIT(E) issued several notices to the assessee trust regarding this application. However, the assessee failed to respond ... No.953/Ahd/2024: 8. Upon considering the submissions and facts on record, we observe that the appeal of the assessee relating to the rejection of registration under Section 12A of the Act has been allowed us in ITA No.952/Ahd/2024, setting aside the order of the Ld.CIT(E). In view of this

Shridariyapuri Sthankvasi Jain Sandh, Surendranagar vs. The CIT(Exemption), Ahmedabad

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 946/AHD/2024[NA]Status: DisposedITAT Ahmedabad25 Jun 2024

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : - Shridariyapuri Sthankvasi Jain The Cit (Exemption) Sandh Vs Ahmedabad Sayla Main Road, Main Bazaar Sayla Surendranagar – 363 436 Pan: Aalts 2673 J अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Mehul K. Patel, Adv. Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 19/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 25/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal By The Assessee-Trust Is Directed Against The Order Of The Ld.Commissioner Of Income Tax (Exemption), Ahmadabad [Hereinafter Referred To As “The Ld.Cit(E)”], Dated 23-02-2024, Whereby The Application For Registration Under Section 12Ab Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], Was Rejected By Ex-Parte Order.

For Appellant: Shri Mehul K. Patel, AdvFor Respondent: Shri Sudhendu Das, CIT-DR
Section 10Section 12ASection 12A(1)(ac)

ground of appeal.” Facts of the case: 3. The assessee-trust had filed an application in Form 10AB on 30-09-2024 for registration under section 12A(1)(ac)(iii) of the Act. The Ld.CIT(E) granted the registration up to Assessment Year (AY) 2023-24 vide order dated

Dashashrimali Radhanpura Jain Gyati, Bhavnagar vs. The CIT (Exemption), Ahmedabad

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 869/AHD/2024[NA]Status: DisposedITAT Ahmedabad25 Jun 2024

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : - Dashashrimali Radhanpura Jain The Cit (Exemption) Gyati, Vs Ahmedabad Radhanpuri Bazar, Nanbha Street, Bhavnagar – 364 001 (Gujarat) Pan: अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Mehul K. Patel, Adv. Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 19/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 25/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal By The Assessee-Trust Is Directed Against The Order Of The Ld.Commissioner Of Income Tax (Exemption), Ahmadabad [Hereinafter Referred To As “The Ld.Cit(E)”], Dated 18-09-2023, Whereby The Application For Registration Under Section 12Ab Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], Was Rejected.

For Appellant: Shri Mehul K. Patel, AdvFor Respondent: Shri Sudhendu Das, CIT-DR
Section 12ASection 12A(1)(ac)

ground of appeal.” Facts of the case: 3. The assessee-trust had filed an application in Form 10AB on 27-03-2023 for registration under section 12A(1)(ac)(iii) of the Act. The Ld.CIT(E) granted the registration up to Assessment Year (AY) 2023-24 vide order dated