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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

Saransh Parivar Shri Kunthunath Swami Jain Sangh, Ahmedabad vs. The CIT(Exemption), Ahmedabad

In the result, appeal of the assessee is dismissed with the liberty as mentioned in para hereinabove

ITA 794/AHD/2024[NA]Status: DisposedITAT Ahmedabad25 Jun 2024

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : - Saransh Parivar Shri Kunthunath The Cit(E) Swami Jain Sangh Vs Ahmedabad Co A 504, Saransh Ambience Dr. Jivraj Mehta Hospital Road Paldi S.O. Ahmedabad – 380 007 Pan: Abats 0149 M अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Mehul K. Patel, Advocate 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:

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

Ld.Commissioner of Income Tax (Exemptions), Ahmadabad [hereinafter referred to as “the Ld.CIT(E)”], dated 18-03-2024, wherein the application for registration under section 12A of the Income Tax Act, 1961, was rejected. 2. The Assessee has filed following grounds of appeal: Saransh Parivar Shri Kunthunath Swami Jain Sangh ... amend any ground of appeal.” Facts of the case: 3. The assessee-trust had filed an application in Form 10AB on 30.9.2023 for registration under section 12A(1)(ac)(v) of the Act. The Ld.CIT(E) found that the application by the assessee trust was made under wrong sub- clause

Sayama Kelavani Mandal, Anand vs. The CIT (Exemption), Ahmedabad

In the result, appeal preferred by the assessee is dismissed with liberty as mentioned in Para 6 of the order

ITA 1166/AHD/2024[NA]Status: DisposedITAT Ahmedabad25 Jun 2024

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 1166/Ahd/2024 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Year : ----) िनधा"रण वष" Sayama Kelavani Mandal The Cit (Exemption) बनाम बनाम/ बनाम बनाम At- Sayama Ahmedabad Vs. Tal: Khambhat, Anand - 388170, Gujarat "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaeas5508C (Appellant) .. (Respondent) Shri Mehul K. Patel, Advocate अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Dr. Darsi Suman Ratnam, Cit. Dr Date Of Hearing 21/06/2024 25/06/2024 Date Of Pronouncement O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Applicant Trust Against The Order Of The Commissioner Of Income Tax (Exemption), Ahmedabad (In Short ‘The Cit(E)’) Dated 19.09.2023 Rejecting The Application For Registration Under Section 12A Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). 2. There Was A Delay Of 193 Days In Filing Of This Appeal. An Affidavit Had Been Filed By The Assessee Explaining For The Reason Of Delay. Considering The Reason As Explained, The Delay Is Condoned.

For Respondent: Dr. Darsi Suman Ratnam, CIT. DR
Section 12ASection 12A(1)(ac)

Trust against the order of the Commissioner of Income Tax (Exemption), Ahmedabad (in short ‘the CIT(E)’) dated 19.09.2023 rejecting the application for registration under Section 12A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). 2. There was a delay of 193 days in filing ... vide notice dated 12.09.2023, but, once again, there was no compliance. The Ld. CIT(E), therefore, rejected the application of the trust for registration under Section 12A of the Act and provisional registration was also cancelled. 4. The Ld. AR submitted that the CBDT vide Circular No.7/2024 has extended

Heritage Youth Foundation, Ichalkaranji vs. CIT, Exemption Pune, Pune

In the result, appeal of the assessee is allowed for statistical purpose

ITA 579/PUN/2024[-]Status: DisposedITAT Pune19 Jun 2024

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.579/Pun/2024 िनधा"रण वष" / Assessment Year : - Heritage Youth Foundation, V The Commissioner Of C/O.Kamlesh Laddha, Plot S Income Tax-Exemption, No.11, Near Arvind Process Pune. Industrial Estate, Ichalkaranji, Maharashtra – 416115. Pan: Aacah5120M Appellant / Assessee Respondent / Revenue Assessee By None Revenue By Shri Keyur Patel – Dr Date Of Hearing 12/06/2024 Date Of Pronouncement 19/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income-Tax-Exemption, Pune U/Sec.80G Of The Act Dated 16.02.2024. The Ld.Cit(E) Dismissed The Application Of The Assessee On The Ground That The Application Is Time Barred. The Assessee Has Raised Following Grounds Of Appeal : “1. The Id Cit Exemption Erred In Law & On Facts In Treating The Application Under Clause (Iii) Of First Proviso To Sub-Section (5) Of Section 80G As Non- Maintainable On The Ground Of Being Filed Beyond Heritage Youth Foundation [A]

Section 10Section 11Section 80GSection 80G(5)

।आयकर अपीलीय अिधकरण ”ए” "ायपीठ पुणेम"। IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “A” :: PUNE BEFORE SHRI S.S.GODARA, JUDICIAL