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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

Sant Jaganade Maharaj Shikshan Mandal, Sindkhede vs. ITO Exemption Ward 1(1), Nsk, Nahsik

In the result, appeal of the assessee is allowed

ITA 1754/PUN/2025[2025-26]Status: DisposedITAT Pune24 Nov 2025AY 2025-26

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.1754/Pun/2025 निर्धारण वषा / Assessment Year: 2025-26 Sant Jaganade Maharaj V The Income Tax Officer, Shikshan Mandal, S. Exemption, Ward-1(1), Sr No.190/1, Plot No.38, Nashik. Dondaicha So., Sindkhede, Dhule – 425408. Maharashrtra. Pan: Aaabs1484Q Appellant/ Assessee Respondent / Revenue Assessee By Shri Piyush Bafna & Shri Aakash Parakh – Ar’S Revenue By Shri Amit Bobde - Dr Date Of Hearing 18/11/2025 Date Of Pronouncement 24/11/2025 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) Dated 05.11.2024 Rejecting Registration Under Section 12A(1)(Ac) Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal:

Section 12ASection 12A(1)(ac)

RIPOTE, AM: This is an appeal filed by the assessee against the order of ld.Commissioner of Income Tax(Exemption) dated 05.11.2024 rejecting registration under section 12A(1)(ac) of the Income Tax Act, 1961. The Assessee has raised the following grounds of appeal: ITA No.1754/PUN/2025 [A] “1. On the facts ... application of the appellant trust for final registration u/s 12A of the Act and hence, the impugned order may 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 as per provisions & scheme

Sri Venkatacharya Vaidika Samsthan, Vishakhapatnam vs. ITO, Ward - 2(1), Vishakhapatnam

In the result, both the appeals filed by the assessee are dismissed in limine

ITA 323/VIZ/2025[2025-26]Status: DisposedITAT Visakhapatnam21 Nov 2025AY 2025-26

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.Nos.322 & 323/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2025-26) Sri Venkatacharya Vaidika Samsthan V. Income Tax Officer – Ward – 2(1)) 11-203, Sowmya Kuti, Prahladapuram 35, 50-92-35, Infinity Tower Visakhapatnam – 530027 Sankara Matam Road Opposite Reliance Fresh [Pan: Aaits2838J] Nearby Main Road, Madhura Nagar Dwarakanagar, Visakhapatnam 530016 (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)Section 80G(5)(iii)

notices issued by the Ld.CIT(A) and also not filed any information as called for. Therefore, Ld.CIT(A) rejected the application for permanent Registration under section 12A and 80G of the Act stating that the assessee has not complied with the notices issued calling for details. 4. On being aggrieved ... petition seeking for condonation of delay and read out the contents of the affidavit, which is as under:- “1. The Order rejecting registration under section 12A of the Income Tax Act, 1961, passed by the Learned Commissioner of Income Tax (Exemptions), Hyderabad in case of our Trust, M/s. Sri Venkatacharya

Sri Venkatacharya Vaidika Samsthan, Visakhapatnam vs. ITO, Ward - 2(1), Visakhapatnam

In the result, both the appeals filed by the assessee are dismissed in limine

ITA 322/VIZ/2025[2025-26]Status: DisposedITAT Visakhapatnam21 Nov 2025AY 2025-26

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.Nos.322 & 323/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2025-26) Sri Venkatacharya Vaidika Samsthan V. Income Tax Officer – Ward – 2(1)) 11-203, Sowmya Kuti, Prahladapuram 35, 50-92-35, Infinity Tower Visakhapatnam – 530027 Sankara Matam Road Opposite Reliance Fresh [Pan: Aaits2838J] Nearby Main Road, Madhura Nagar Dwarakanagar, Visakhapatnam 530016 (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)Section 80G(5)(iii)

notices issued by the Ld.CIT(A) and also not filed any information as called for. Therefore, Ld.CIT(A) rejected the application for permanent Registration under section 12A and 80G of the Act stating that the assessee has not complied with the notices issued calling for details. 4. On being aggrieved ... petition seeking for condonation of delay and read out the contents of the affidavit, which is as under:- “1. The Order rejecting registration under section 12A of the Income Tax Act, 1961, passed by the Learned Commissioner of Income Tax (Exemptions), Hyderabad in case of our Trust, M/s. Sri Venkatacharya

Indian Institute of Health and Family Welfare, India vs. ITO., Exemption Ward-1(2), Hyderabad

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

ITA 726/HYD/2025[2021-22]Status: DisposedITAT Hyderabad19 Nov 2025AY 2021-22

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.726/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2021-22) Indian Institute Of Health Vs. Income Tax Officer & Family Welfare, (Exemption), Ward-1(2) Hyderabad Hyderabad Pan:Aaaai0326A (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: N O N E राज" व "ारा/Revenue By:: Shri Rakesh Chintagumpula, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 11/11/2025 घोषणा की तारीख/Pronouncement: 19/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Indian Institute Of Health & Family Welfare (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Addl/Jcit (A)-2, Chandigarh (“Ld. First Appellate Authority)” Dated 27.02.2025 For The A.Y 2021-22. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: N O N EFor Respondent: : Shri Rakesh Chintagumpula
Section 10Section 11Section 143(1)

years, yet, in the concluding paragraph of its written submission, the assessee seeks exemption under section 10(23C)(iv) on the basis of registration under section 12A of the Act. These submissions appear to be mutually inconsistent. If the assessee is indeed registered under section 12A, then the proper course