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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

Radha Govind Charitable Trust, Ahmedabad vs. The CIT(Exemption), Ahmedabad

In the result, both appeals preferred by the assessee are allowed for statistical purposes

ITA 753/AHD/2023[NA]Status: DisposedITAT Ahmedabad20 Mar 2024

Bench: Shri Ramit Kochar & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 752 & 753/Ahd/2023 ("नधा"रण वष" / Assessment Year : Na) Radha Govind Charitable Commissioner Of Income बनाम/ Trust Tax (Exemption), Vs. Plot No.3, Sankalp House, Ahmedabad Nr. Rajpath Club, Bodakdev, Ahmedabad, Gujarat - 380054 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaetr2408R (Appellant) .. (Respondent) Assessee By : Shri Parimalsinh B Parmar, A.R. Revenue By : Shri Darsi Suman Ratnam, Cit. Dr सुनवाई क" तार"ख / Date Of 25/01/2024 Hearing 25/01/2024 (Signed By The Jm On घोषणा क" तार"ख /Date Of 20/03/2024 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Two Appeals Have Been Filed At The Instance Of The Assessee Are Directed Against The Orders Dated 08.08.2023 & 01.08.2023 Passed By Commissioner Of Income Tax (Exemption) (Cit(E)), Ahmedabad, Whereby & Whereunder The Applications For Approval Under Section 80G(5)(Ii) Of The Income Tax Act, 1961, (Hereinafter Referred To As ‘The Act’) & The Application For Registration Under Section 12A(1)(Ac)(Ii) Of The Act Respectively Were Rejected.

For Appellant: Shri Parimalsinh B Parmar, A.RFor Respondent: Shri Darsi Suman Ratnam, CIT. DR
Section 1Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)(ii)Section 80G(5)(iii)

approval under Section 80G(5)(ii) of the Income Tax Act, 1961, (hereinafter referred to as ‘the Act’) and the application for registration under Section 12A(1)(ac)(ii) of the Act respectively were rejected. ITA Nos. 752 & 753/Ahd/2023 [Radha Govind Charitable Trust vs. CIT(E)] - 2 - 2. Since both ... grant of registration under Section 80G(5)(ii) of the Act. Facts of ITA No.753/Ahd/2023 6. This matter relates to grant of registration under Section 12A(1)(ac)(ii) of the Act, The application whereof was electronically filed in Form No.10AB on 31.03.2023 which was found to be prima facie

Radha Govind Charitable Trust, Ahmedabad vs. The CIT(Exemption), Ahmedabad

In the result, both appeals preferred by the assessee are allowed for statistical purposes

ITA 752/AHD/2023[NA]Status: DisposedITAT Ahmedabad20 Mar 2024

Bench: Shri Ramit Kochar & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 752 & 753/Ahd/2023 ("नधा"रण वष" / Assessment Year : Na) Radha Govind Charitable Commissioner Of Income बनाम/ Trust Tax (Exemption), Vs. Plot No.3, Sankalp House, Ahmedabad Nr. Rajpath Club, Bodakdev, Ahmedabad, Gujarat - 380054 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaetr2408R (Appellant) .. (Respondent) Assessee By : Shri Parimalsinh B Parmar, A.R. Revenue By : Shri Darsi Suman Ratnam, Cit. Dr सुनवाई क" तार"ख / Date Of 25/01/2024 Hearing 25/01/2024 (Signed By The Jm On घोषणा क" तार"ख /Date Of 20/03/2024 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Two Appeals Have Been Filed At The Instance Of The Assessee Are Directed Against The Orders Dated 08.08.2023 & 01.08.2023 Passed By Commissioner Of Income Tax (Exemption) (Cit(E)), Ahmedabad, Whereby & Whereunder The Applications For Approval Under Section 80G(5)(Ii) Of The Income Tax Act, 1961, (Hereinafter Referred To As ‘The Act’) & The Application For Registration Under Section 12A(1)(Ac)(Ii) Of The Act Respectively Were Rejected.

For Appellant: Shri Parimalsinh B Parmar, A.RFor Respondent: Shri Darsi Suman Ratnam, CIT. DR
Section 1Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)(ii)Section 80G(5)(iii)

approval under Section 80G(5)(ii) of the Income Tax Act, 1961, (hereinafter referred to as ‘the Act’) and the application for registration under Section 12A(1)(ac)(ii) of the Act respectively were rejected. ITA Nos. 752 & 753/Ahd/2023 [Radha Govind Charitable Trust vs. CIT(E)] - 2 - 2. Since both ... grant of registration under Section 80G(5)(ii) of the Act. Facts of ITA No.753/Ahd/2023 6. This matter relates to grant of registration under Section 12A(1)(ac)(ii) of the Act, The application whereof was electronically filed in Form No.10AB on 31.03.2023 which was found to be prima facie

Junior Chamber International India, Andheri, Mumbai vs. Income Tax Officer (Exemptions) - 1(4), Mumbai, Mtnl Building, Pedder Road

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 2454/MUM/2023[2014-2015]Status: DisposedITAT Mumbai20 Mar 2024AY 2014-2015

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos. 2448,2450,2451, 2452 & 2454/Mum/2023 (A.Ys. 2012-13 To 2016-17) Junior Chamber Vs. Income Tax Officer International India (Exemption)-1(4) 506, Windfall Sahar Plaza, 6Th Floor, Mtnl Tel. Ex. J.B. Nagar Near Chakala Building, Cumballa Hills, Metro Station, Andheri Pedder Road, Maharashtra – 400059 Maharashtra - 400026 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaati1215P Appellant .. Respondent Appellant By : Ms. Chaitee Londhe & Ms. Pallavi Limye Respondent By : Ankush Kapoor Date Of Hearing 18.03.2024 Date Of Pronouncement 20.03.2024 आदेश / O R D E R Per Bench: All These 5 Appeals For Ays 2012-13 To 2016-17 Are Directed The Different Orders Of Ld. Cit(A) Passed U/S 250 Of The Act. Since, All These Appeals Are Based On Similar Issue & Identical Facts, Therefore, For The Sake Of Convenience All These Appeals Are Adjudicated Together By Taking

For Appellant: Ms. Chaitee Londhe &For Respondent: Ankush Kapoor
Section 11Section 12ASection 143(2)Section 2(15)Section 250

erred in facts and in law in not appreciating that once the objects of the trust are held to be charitable and registration under section 12A of the Income Tax Act, 1961 (the Act) is granted, the assessing officer cannot ignore the same and hold that the assessee

Junior Chamber International India, Andheri, Mumbai vs. Income Tax Officer (Exemptions)- 1(4), Mumbai, Mtnl Building, Pedder Road

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 2452/MUM/2023[2015-2016]Status: DisposedITAT Mumbai20 Mar 2024AY 2015-2016

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos. 2448,2450,2451, 2452 & 2454/Mum/2023 (A.Ys. 2012-13 To 2016-17) Junior Chamber Vs. Income Tax Officer International India (Exemption)-1(4) 506, Windfall Sahar Plaza, 6Th Floor, Mtnl Tel. Ex. J.B. Nagar Near Chakala Building, Cumballa Hills, Metro Station, Andheri Pedder Road, Maharashtra – 400059 Maharashtra - 400026 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaati1215P Appellant .. Respondent Appellant By : Ms. Chaitee Londhe & Ms. Pallavi Limye Respondent By : Ankush Kapoor Date Of Hearing 18.03.2024 Date Of Pronouncement 20.03.2024 आदेश / O R D E R Per Bench: All These 5 Appeals For Ays 2012-13 To 2016-17 Are Directed The Different Orders Of Ld. Cit(A) Passed U/S 250 Of The Act. Since, All These Appeals Are Based On Similar Issue & Identical Facts, Therefore, For The Sake Of Convenience All These Appeals Are Adjudicated Together By Taking

For Appellant: Ms. Chaitee Londhe &For Respondent: Ankush Kapoor
Section 11Section 12ASection 143(2)Section 2(15)Section 250

erred in facts and in law in not appreciating that once the objects of the trust are held to be charitable and registration under section 12A of the Income Tax Act, 1961 (the Act) is granted, the assessing officer cannot ignore the same and hold that the assessee

Junior Chamber International India, Mumbai vs. Income Tax Officer(Exemptions)- 1(4) Mumbai, Mtnl Building, Pedder Road

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 2451/MUM/2023[2016-2017]Status: DisposedITAT Mumbai20 Mar 2024AY 2016-2017

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos. 2448,2450,2451, 2452 & 2454/Mum/2023 (A.Ys. 2012-13 To 2016-17) Junior Chamber Vs. Income Tax Officer International India (Exemption)-1(4) 506, Windfall Sahar Plaza, 6Th Floor, Mtnl Tel. Ex. J.B. Nagar Near Chakala Building, Cumballa Hills, Metro Station, Andheri Pedder Road, Maharashtra – 400059 Maharashtra - 400026 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaati1215P Appellant .. Respondent Appellant By : Ms. Chaitee Londhe & Ms. Pallavi Limye Respondent By : Ankush Kapoor Date Of Hearing 18.03.2024 Date Of Pronouncement 20.03.2024 आदेश / O R D E R Per Bench: All These 5 Appeals For Ays 2012-13 To 2016-17 Are Directed The Different Orders Of Ld. Cit(A) Passed U/S 250 Of The Act. Since, All These Appeals Are Based On Similar Issue & Identical Facts, Therefore, For The Sake Of Convenience All These Appeals Are Adjudicated Together By Taking

For Appellant: Ms. Chaitee Londhe &For Respondent: Ankush Kapoor
Section 11Section 12ASection 143(2)Section 2(15)Section 250

erred in facts and in law in not appreciating that once the objects of the trust are held to be charitable and registration under section 12A of the Income Tax Act, 1961 (the Act) is granted, the assessing officer cannot ignore the same and hold that the assessee

Junior Chamber International India, Andheri, Mumbai vs. Income Tax Officer(Exemptions)- 1(4), Mumbai, Mtnl Building, Pedder Road

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 2450/MUM/2023[2012-2013]Status: DisposedITAT Mumbai20 Mar 2024AY 2012-2013

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos. 2448,2450,2451, 2452 & 2454/Mum/2023 (A.Ys. 2012-13 To 2016-17) Junior Chamber Vs. Income Tax Officer International India (Exemption)-1(4) 506, Windfall Sahar Plaza, 6Th Floor, Mtnl Tel. Ex. J.B. Nagar Near Chakala Building, Cumballa Hills, Metro Station, Andheri Pedder Road, Maharashtra – 400059 Maharashtra - 400026 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaati1215P Appellant .. Respondent Appellant By : Ms. Chaitee Londhe & Ms. Pallavi Limye Respondent By : Ankush Kapoor Date Of Hearing 18.03.2024 Date Of Pronouncement 20.03.2024 आदेश / O R D E R Per Bench: All These 5 Appeals For Ays 2012-13 To 2016-17 Are Directed The Different Orders Of Ld. Cit(A) Passed U/S 250 Of The Act. Since, All These Appeals Are Based On Similar Issue & Identical Facts, Therefore, For The Sake Of Convenience All These Appeals Are Adjudicated Together By Taking

For Appellant: Ms. Chaitee Londhe &For Respondent: Ankush Kapoor
Section 11Section 12ASection 143(2)Section 2(15)Section 250

erred in facts and in law in not appreciating that once the objects of the trust are held to be charitable and registration under section 12A of the Income Tax Act, 1961 (the Act) is granted, the assessing officer cannot ignore the same and hold that the assessee

Junior Chamber International India, Andheri, Mumbai vs. Income Tax Officer(Exemptions)- 1(4), Mumbai, Mtnl Building, Pedder Road

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 2448/MUM/2023[2013-14]Status: DisposedITAT Mumbai20 Mar 2024AY 2013-14

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos. 2448,2450,2451, 2452 & 2454/Mum/2023 (A.Ys. 2012-13 To 2016-17) Junior Chamber Vs. Income Tax Officer International India (Exemption)-1(4) 506, Windfall Sahar Plaza, 6Th Floor, Mtnl Tel. Ex. J.B. Nagar Near Chakala Building, Cumballa Hills, Metro Station, Andheri Pedder Road, Maharashtra – 400059 Maharashtra - 400026 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaati1215P Appellant .. Respondent Appellant By : Ms. Chaitee Londhe & Ms. Pallavi Limye Respondent By : Ankush Kapoor Date Of Hearing 18.03.2024 Date Of Pronouncement 20.03.2024 आदेश / O R D E R Per Bench: All These 5 Appeals For Ays 2012-13 To 2016-17 Are Directed The Different Orders Of Ld. Cit(A) Passed U/S 250 Of The Act. Since, All These Appeals Are Based On Similar Issue & Identical Facts, Therefore, For The Sake Of Convenience All These Appeals Are Adjudicated Together By Taking

For Appellant: Ms. Chaitee Londhe &For Respondent: Ankush Kapoor
Section 11Section 12ASection 143(2)Section 2(15)Section 250

erred in facts and in law in not appreciating that once the objects of the trust are held to be charitable and registration under section 12A of the Income Tax Act, 1961 (the Act) is granted, the assessing officer cannot ignore the same and hold that the assessee