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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

Nageshwara Charitable Trust, Nagpur vs. CIT Exemption, Pune

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

ITA 370/NAG/2023[2024-25]Status: DisposedITAT Nagpur19 Mar 2024AY 2024-25

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.370/Nag/2023 िनधा"रण वष" / Assessment Year : N.A. Nageshwara Charitable The Commissioner Of Trust, V Income Tax, Exemption, 101, Laxmi Vilas Apartment, S Pune. Khare Town, Rangole Marg, Dharampeth, Nagpur, Maharashtra – 440010. Pan: Aaatn2648F Appellant / Assessee Respondent / Revenue Assessee By Shri Kapil Hirani – Ar Revenue By Shri Kailash C.Kanojiya – Cit(Dr) Date Of Hearing 18/03/2024 Date Of Pronouncement 19/03/2024 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 Dated 16.10.2023 Passed Under Section 12Ab Of The Act. The Grounds Of Appeal Raised By The Assessee Are As Under : Nageshwara Charitable Trust [A]

Section 12ASection 282

12AB of the Act. The grounds of appeal raised by the assessee are as under : Nageshwara Charitable Trust [A] “1. The rejection of registration under section 12A without proper serving of notice as required by section 282 of The Income Tax Act, 1961 is not according ... rejection of registration under section 12A due to technical errors on the e-filing portal is against the principles of natural justice. 3. Any other ground may please be permitted at the time of hearing.” Submission of ld.AR : 2. Ld.Authorised Representative(ld.AR) of the assessee filed written submission, relevant part

Jamiatul Banaat Tankaria, Bharuch vs. CIT(Exemption), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 58/AHD/2023[2022-23]Status: DisposedITAT Ahmedabad06 Mar 2024AY 2022-23

Bench: Smt.Annapurna Gupta & Ms. Suchitra R. Kambleassessment Year : 2022-23 Vs. Jamiatul Banaat Tankaria, Cit(Exemption) Madresa Road, Tankaria, Ahmedabad. Bharuch-392240, Gujarat Pan : Aabtj 1122 H (Applicant) (Responent) Assessee By : Ms. Kinjal Shah, Ar Revenue By : Shri Akhilendra Pradap Yadav, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 21/02/2024 घोषणा की तारीख /Date Of Pronouncement: 06/03/2024 आदेश/O R D E R Per Annapurna Guptathe Present Appeal Has Been Filed By The Assessee Against The Order Of Learned Commissioner Of Income-Tax (Exemption), Ahmedabad [Hereinafter Referred To As “Ld.Cit(Exemption)” For Short] Dated 29.12.2022, Rejecting The Application Filed By The Assessee In Form No.10Ab For Registration U/S 12Ab Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short].

For Appellant: Ms. Kinjal Shah, ARFor Respondent: Shri Akhilendra Pradap Yadav, CIT-DR
Section 12ASection 13(1)(b)Section 80GSection 80G(5)

benefit of a particular religious community qualified as charitable entity serving the public at large and this was sufficient for grant of registration under section 12A of the Act, and the provisions of section 13(1)(b) of the Act would be attracted only at the time of granting exemption ... stated that the assessee has to first cross the hurdle of being eligible to exemption under section 11 by obtaining a certificate of registration under section 12A in this regard. Having crossed this hurdle, only then the provisions of section 13(1)(b) would come into picture, and a trust