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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

Buddhadev Educational Charitable Trust, Thane vs. Exemption Ward, Thane

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

ITA 5889/MUM/2025[2025-26]Status: DisposedITAT Mumbai27 Nov 2025AY 2025-26

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2025-26 Buddhadev Educational Vs Income Tax Officer (Exemption), Charitable Trust Ward, Thane A/8 Buddhadev Nagar Sarovar Qureshi Mansion, Gokhale Road, Malyan, Dahanu Road, Thane Naupada, Thane West, Thane 401601 400602 Pan: (Aabtb8363Q) Appellant Respondent Present For: Appellant By : Shri Piyush Bafna, Ca (Virtually Appeared) Respondent By : Ms. Agnes Thomas, Cit Dr Date Of Hearing : 20.11.2025 Date Of Pronouncement : 27.11.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Cit(Exemption), Pune Vide Din & Notice No. Itba/Exm/F/Exm45/2025- 26/1079838444(1) Dated 21.08.2025 Passed U/S. 12Ab Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 21.08.2025. 2. Grounds Taken By The Assessee Are Reproduced As Under: “Erroneous Rejection Of Application: 1. On The Facts & In The Circumstances Of The Case & On Facts Hon'Ble Cit Exemption Pune Has Erred In Rejecting The Application Of The Appellant Trust For Final

For Appellant: Shri Piyush Bafna, CA (Virtually appeared)For Respondent: Ms. Agnes Thomas, CIT DR
Section 12ASection 12A(1)(ac)

without properly appreciating the facts and submissions made by the Appellant and hence, the impugned order may please be quashed and the registration under section 12A of the Act may kindly be restored. 2. On the facts and in the circumstances of the case and in law and without prejudice ... Appellant and thus, since the very basis for rejection of 12A is incorrect, the impugned order may be quashed and the registration under section 12A(1)(ac)(i) of the Act may kindly be restored. 3. On the facts and in the circumstances of the case

Indoi Samuday Foundation, Chennai vs. The Commissioner of Income Tax (Exemptions), Chennai

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

ITA 2435/CHNY/2025[Not Applicable]Status: DisposedITAT Chennai25 Nov 2025

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.2435 & 2434/Chny/2025 िनधा"रण वष"/Assessment Year: - Indoi Samuday Foundation, Vs. The Commissioner Of Income Tax 3F, Sridev Apartments, 31- 1St Main [Exemptions], Road, Cit Nagar, Chennai 600 035. Chennai. [Pan:Aacti0374H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Anandh, Advocate ""थ" की ओर से/Respondent By : Ms. E. Pavuna Sundari, Cit सुनवाई की तारीख/ Date Of Hearing : 20.11.2025 घोषणा की तारीख /Date Of Pronouncement : 25.11.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against The Order Dated 25.06.2025 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai In Rejecting Form 10Ab In Respect Of Seeking Registration Under Section 12A(1)(Ac)(Iii) Of The Income Tax Act, 1961 [“Act” In Short] As Well As Seeking Approval Under Section 80G(5)(Iii) Of The Act Respectively.

For Appellant: Shri S. Anandh, AdvocateFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 12ASection 12A(1)(ac)Section 80G(5)Section 80G(5)(iii)

against the order dated 25.06.2025 passed by the ld. Commissioner of Income Tax (Exemption), Chennai in rejecting Form 10AB in respect of seeking registration under section 12A(1)(ac)(iii) of the Income Tax Act, 1961 [“Act” in short] as well as seeking approval under section ... satisfying with the explanations offered by the assessee, the ld. CIT(E) rejected the application in Form No.10AB filed in respect of seeking registration under section 12A(1)(ac)(iii) of the Act as well as seeking approval under section

Indoi Samuday Foundation, Chennai vs. The Commissioner of Income Tax (Exemptions), Chennai

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

ITA 2434/CHNY/2025[Not Applicable]Status: DisposedITAT Chennai25 Nov 2025

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.2435 & 2434/Chny/2025 िनधा"रण वष"/Assessment Year: - Indoi Samuday Foundation, Vs. The Commissioner Of Income Tax 3F, Sridev Apartments, 31- 1St Main [Exemptions], Road, Cit Nagar, Chennai 600 035. Chennai. [Pan:Aacti0374H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Anandh, Advocate ""थ" की ओर से/Respondent By : Ms. E. Pavuna Sundari, Cit सुनवाई की तारीख/ Date Of Hearing : 20.11.2025 घोषणा की तारीख /Date Of Pronouncement : 25.11.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against The Order Dated 25.06.2025 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai In Rejecting Form 10Ab In Respect Of Seeking Registration Under Section 12A(1)(Ac)(Iii) Of The Income Tax Act, 1961 [“Act” In Short] As Well As Seeking Approval Under Section 80G(5)(Iii) Of The Act Respectively.

For Appellant: Shri S. Anandh, AdvocateFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 12ASection 12A(1)(ac)Section 80G(5)Section 80G(5)(iii)

against the order dated 25.06.2025 passed by the ld. Commissioner of Income Tax (Exemption), Chennai in rejecting Form 10AB in respect of seeking registration under section 12A(1)(ac)(iii) of the Income Tax Act, 1961 [“Act” in short] as well as seeking approval under section ... satisfying with the explanations offered by the assessee, the ld. CIT(E) rejected the application in Form No.10AB filed in respect of seeking registration under section 12A(1)(ac)(iii) of the Act as well as seeking approval under section