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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

Quality Education Foundation, Alipur Road, Opp to Zambare Ganesh Temple vs. Income Tax Officer Exemption Ward 1, Pmt Building Shankar Shet Road Pune

In the result, the appeal filed by the assessee in ITA

ITA 1719/PUN/2025[2024-25]Status: DisposedITAT Pune27 Oct 2025AY 2024-25

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1718 & 1719/Pun/2025 Quality Education Foundation, Vs. Cit, Exemption, Pune. 841, Alipur Road, Zambare Ganesh Mandira Samor, Shivaji Nagar, Barshi- 413411. Pan : Aaaaq0714C Appellant Respondent Assessee By : Shri Umesh Mali Revenue By : Shri Amit Bobde Date Of Hearing : 09.10.2025 Date Of Pronouncement : 27.10.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 18.12.2024 Passed By Ld. Cit, Exemption, Pune Rejecting The Application For Registration In Form No.10Ab Under Clause (Iii) Of Section 12A(1)(Ac) Of The It Act Filed On 08.06.2024 & Denying The Application For Approval In Form No.10Ab Under Clause (Iii) Of First Proviso To Sub-Section (5) Of Section 80G Of The It Act Filed On 09.06.2024. 2. There Is Delay In Filing Of Both The Appeals. We Are Satisfied With The Reasons Mentioned In The Affidavit For Condonation That The Applicant Was Prevented By Sufficient Cause For Not Filing The Appeals Within The Prescribed Time Limit. After Hearing Ld. Dr, We Condone The Delay & Proceed To Adjudicate The Appeals.

For Appellant: Shri Umesh MaliFor Respondent: Shri Amit Bobde
Section 12(1)(ac)Section 12ASection 12A(1)(ac)Section 80G

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE

Quality Education Foundation, Alipur Road, Opp to Zambare Ganesh Temple vs. Income Tax Officer Exeption Ward 1, Pmt Building Shankar Shet Road Pune

In the result, the appeal filed by the assessee in ITA

ITA 1718/PUN/2025[2024-25]Status: DisposedITAT Pune27 Oct 2025AY 2024-25

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1718 & 1719/Pun/2025 Quality Education Foundation, Vs. Cit, Exemption, Pune. 841, Alipur Road, Zambare Ganesh Mandira Samor, Shivaji Nagar, Barshi- 413411. Pan : Aaaaq0714C Appellant Respondent Assessee By : Shri Umesh Mali Revenue By : Shri Amit Bobde Date Of Hearing : 09.10.2025 Date Of Pronouncement : 27.10.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 18.12.2024 Passed By Ld. Cit, Exemption, Pune Rejecting The Application For Registration In Form No.10Ab Under Clause (Iii) Of Section 12A(1)(Ac) Of The It Act Filed On 08.06.2024 & Denying The Application For Approval In Form No.10Ab Under Clause (Iii) Of First Proviso To Sub-Section (5) Of Section 80G Of The It Act Filed On 09.06.2024. 2. There Is Delay In Filing Of Both The Appeals. We Are Satisfied With The Reasons Mentioned In The Affidavit For Condonation That The Applicant Was Prevented By Sufficient Cause For Not Filing The Appeals Within The Prescribed Time Limit. After Hearing Ld. Dr, We Condone The Delay & Proceed To Adjudicate The Appeals.

For Appellant: Shri Umesh MaliFor Respondent: Shri Amit Bobde
Section 12(1)(ac)Section 12ASection 12A(1)(ac)Section 80G

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE

Amigos Prasasth Path Social Welfare Society, Kolkata vs. CIT(Exemption), Kolkata

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

ITA 1501/KOL/2025[---]Status: DisposedITAT Kolkata27 Oct 2025

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1500 & 1501/Kol/2025 Amigos Prasasth Path Social Welfare Society.……….……….……….……Appellant 1 Ram Krishna Bagchi Lane, Beadon Street, Battala, Kol- 700006.. [Pan: Aajta7599P] Vs. Cit (Exemption), Kolkata………………………………….....……...…..…..Respondent Appearances By: Shri Giridhar Dhelia, Advocate, Appeared On Behalf Of The Appellant. Shri Raja Sengupta, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 08, 2025 Date Of Pronouncing The Order : October 27, 2025 Order Per Pradip Kumar Choubey: Both The Present Appeals Have Been Preferred By The Assessee Against Separate Orders Both Dated 28.06.2025 Of The Commissioner Of Income Tax (Exemption), Kolkata [Hereinafter Referred To As ‘Cit(E)’] Rejecting The Separate Applications Filed In Form 10Ab For Final Approval As Per The Provisions Of Sections 12A(1)(Ac)(Iii) & 80G(5)(Iii) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since Both The Appeals Relate To The Same Assessee & Arise From The Final Registration U/S 12A Of The Act Which Is Compulsory For Getting Subsequent Registration U/S 80G Of The Act Which Are Interconnected In Both The Appeals & Therefore, These Appeals Were Heard Together & We Are Going To Dispose Of These Appeals By Passing A Consolidated Order. Ita No.1500/Kol/2025 Is Taken As Lead Case For Narration Of Facts.

Section 12ASection 12A(1)(ac)Section 80G

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Before Shri Rajesh

Amigos Prasasth Path Social Welfare Society, Kolkata vs. CIT (Exemption), Kolkata

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

ITA 1500/KOL/2025[----]Status: DisposedITAT Kolkata27 Oct 2025

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1500 & 1501/Kol/2025 Amigos Prasasth Path Social Welfare Society.……….……….……….……Appellant 1 Ram Krishna Bagchi Lane, Beadon Street, Battala, Kol- 700006.. [Pan: Aajta7599P] Vs. Cit (Exemption), Kolkata………………………………….....……...…..…..Respondent Appearances By: Shri Giridhar Dhelia, Advocate, Appeared On Behalf Of The Appellant. Shri Raja Sengupta, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 08, 2025 Date Of Pronouncing The Order : October 27, 2025 Order Per Pradip Kumar Choubey: Both The Present Appeals Have Been Preferred By The Assessee Against Separate Orders Both Dated 28.06.2025 Of The Commissioner Of Income Tax (Exemption), Kolkata [Hereinafter Referred To As ‘Cit(E)’] Rejecting The Separate Applications Filed In Form 10Ab For Final Approval As Per The Provisions Of Sections 12A(1)(Ac)(Iii) & 80G(5)(Iii) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since Both The Appeals Relate To The Same Assessee & Arise From The Final Registration U/S 12A Of The Act Which Is Compulsory For Getting Subsequent Registration U/S 80G Of The Act Which Are Interconnected In Both The Appeals & Therefore, These Appeals Were Heard Together & We Are Going To Dispose Of These Appeals By Passing A Consolidated Order. Ita No.1500/Kol/2025 Is Taken As Lead Case For Narration Of Facts.

Section 12ASection 12A(1)(ac)Section 80G

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Before Shri Rajesh

Chandramari Trust, Coimbatore, Tamilnadu vs. Commissioner of Income Tax (Exemptions), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2307/CHNY/2025[2025-26]Status: DisposedITAT Chennai24 Oct 2025AY 2025-26

Bench: Shri M. Balaganesh & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.2307/Chny/2025 िनधा"रण वष"/Assessment Year: - Chandramari Trust, Vs. The Commissioner Of 90, Pinnacle Residency, Prp Gardens, Income Tax (Exemptions), Bharathi Colo, Avinashi Road, Chennai. Coimbatore 641 004. [Pan: Aactc3285D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri V. Balaji, Advocate ""थ" की ओर से/Respondent By : Shri C.N. Bipin, Cit सुनवाई की तारीख/ Date Of Hearing : 23.10.2025 घोषणा की तारीख /Date Of Pronouncement : 24.10.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 07.11.2024 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai Rejecting The Application Dated 16.05.2024 In Form No. 10Ab Under Section 12A(1)(Ac)(Iii) Of The Income Tax Act, 1961 [“Act” In Short] Seeking Registration Under Section 12Ab Of The Act.

For Appellant: Shri V. Balaji, AdvocateFor Respondent: Shri C.N. Bipin, CIT
Section 12ASection 12A(1)(ac)

आयकर अपीलीय अिधकरण, ‘‘सी’’ "ायपीठ, चे"ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI "ी ऐम. बालगनेश, लेखा सद

Construction Labours Welfare Trust, Chennai vs. ITO, Exemptions Ward-3, Chennai

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

ITA 2303/CHNY/2025[-]Status: DisposedITAT Chennai24 Oct 2025

Bench: Shri M. Balaganesh & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. Nos.2303 & 2302/Chny/2025 िनधा"रण वष"/Assessment Year: - Construction Labours Welfare Trust, Vs. The Income Tax Officer, No. 49, Nerkundram Pathai, Exemptions Ward 3, Vadapalani, Chennai 600 026. Chennai. [Pan: Aactc2116M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, Ca ""थ" की ओर से/Respondent By : Shri C.N. Bipin, Cit सुनवाई की तारीख/ Date Of Hearing : 23.10.2025 घोषणा की तारीख /Date Of Pronouncement : 24.10.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Dated 07.11.2024 & 08.11.2024 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai Rejecting The Applications Dated 15.05.2024 In Form No. 10Ab Under Section 12A(1)(Ac)(Iii) Of The Income Tax Act, 1961 [“Act” In Short] Seeking Registration Under Section 12Ab Of The Act As Well As Seeking Approval Under Section 80G Of The Act Respectively.

For Appellant: Shri Y. Sridhar, CAFor Respondent: Shri C.N. Bipin, CIT
Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)

आयकर अपीलीय अिधकरण, ‘‘सी’’ "ायपीठ, चे"ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI "ी ऐम. बालगनेश, लेखा सद

Construction Labours Welfare Trust, Chennai vs. ITO, Exemption Ward-3, Chennai

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

ITA 2302/CHNY/2025[-]Status: DisposedITAT Chennai24 Oct 2025

Bench: Shri M. Balaganesh & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. Nos.2303 & 2302/Chny/2025 िनधा"रण वष"/Assessment Year: - Construction Labours Welfare Trust, Vs. The Income Tax Officer, No. 49, Nerkundram Pathai, Exemptions Ward 3, Vadapalani, Chennai 600 026. Chennai. [Pan: Aactc2116M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, Ca ""थ" की ओर से/Respondent By : Shri C.N. Bipin, Cit सुनवाई की तारीख/ Date Of Hearing : 23.10.2025 घोषणा की तारीख /Date Of Pronouncement : 24.10.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Dated 07.11.2024 & 08.11.2024 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai Rejecting The Applications Dated 15.05.2024 In Form No. 10Ab Under Section 12A(1)(Ac)(Iii) Of The Income Tax Act, 1961 [“Act” In Short] Seeking Registration Under Section 12Ab Of The Act As Well As Seeking Approval Under Section 80G Of The Act Respectively.

For Appellant: Shri Y. Sridhar, CAFor Respondent: Shri C.N. Bipin, CIT
Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)

आयकर अपीलीय अिधकरण, ‘‘सी’’ "ायपीठ, चे"ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI "ी ऐम. बालगनेश, लेखा सद