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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

M/S Shri Radhe Shyam Shri Krishan Education Samiti, Shahjahanpur vs. CIT Exemption, Lucknow

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

ITA 389/LKW/2024[00]Status: DisposedITAT Lucknow26 Sept 2025

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. M/S Shri Radhe Shyam Shri Krishan Vs. Shri. Jeotsnaa Johri, Cit Education Samiti, Vill. Post Kalan, Exemption, Income Tax Jalalabad, Distt. Shahjahanpur- Department, Lucknow, U.P. 242001 (Uttar Pradesh) Pan: Aaras7463D (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Adv Revenue By: Sh. Neeraj Kumar, Cit Dr Date Of Hearing: 02.09.2025 Date Of Pronouncement: 26.09.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit (Exemption), Lucknow Denying The Registration Of The Assessee Under Section 12A(1)(Ac)(Iii) Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:- “1. The Learned Commissioner Of Income Tax (Exemptions) Lucknow Has Erred In Rejecting The Grant Of Registration U/S 12A Of The Income Tax Act, 1961 To The Assessee With Total Disregard To The Facts & Circumstances Of The Case. 2. The Assessee Reserves Its Right To Add, Amend, Alter Or Delete Any Ground Of Appeal At The Time Of Hearing Of Appeal.” 2. At The Very Outset, It Is Seen That The Appeal Is Delayed By 533 Days’. A Condonation Petition Has Been Filed By The Assessee In Which It Was Submitted That The Notices Were Sent To The Email Id Of The Assessee’S Former Tax Advisor Sh. Prabhjot Singh, Who Had Not Checked His Emails & Did Not Inform The Assessee Regarding The Receipt Of Notices. Furthermore, Even After Informing The Assessee, The Said Practitioner Was Of The View That The Said Order Was Rectifiable & Would Be Recalled. It Was Only After The Assessee Changed Its Tax Advisor That It Was Advised

For Appellant: Sh. Rakesh Garg, AdvFor Respondent: Sh. Neeraj Kumar, CIT DR
Section 12ASection 12A(1)(ac)

admit the appeal for adjudication. 4. The facts of the case are that the assessee had filed an application on 15.04.2022 for registration under section 12A(1)(ac)(iii) of the Income Tax Act, 1961 in Form No. 10AB. Vide letter dated 27.8.2022, the ld. CIT (Exemption) sought certain clarifications

Madhusudan Academy of Science and Charitable Trust, Dhenkanal vs. Income Tax Officer, Exemption Ward, Bhubaneswar

In the result, appeal of the assesee is allowed

ITA 216/CTK/2025[2018-19]Status: DisposedITAT Cuttack24 Sept 2025AY 2018-19

Bench: Shri George Mathanआयकर अपील सं/Ita No.216/Ctk/2025 (िनधा"रण वष" / Assessment Year : 2018-2019) Madhusudan Academy Of Vs Ito, Exemption Ward, Science & Charitable Trust, Bhubaneswar Kunjakanta, Dhenkanal, 759001 Pan No. : Aactm 1910 F (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती क" ओर से /Assessee By : Shri, K.C.Jena, Ar राज"व क" ओर से /Revenue By : Shri Vijay Singh, Sr. D.R. सुनवाई क" तारीख / Date Of Hearing : 24/09/2025 घोषणा क" तारीख/Date Of Pronouncement : 24/09/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Addl/Jcit(A)-6, Delhi Order Dated 30/01/2025 In Appeal No.Cit(A),Bhubaneswar-1/14820/2019-20 For The Assessment Year 2018- 19. 2. It Was Submitted By The Ld. Ar That The Assesee Is A Trust Which Has Not Got Registration Under Section 12A Of The Act. It Was Submission That The Returned Filed By The Assesee For The Impugned Assessment Year Came To Be Processed & Intimation U/S. 143(1) Of The Act Came To Be Issued Where In The Expenses Claimed Being The Application Has Not Been Considered & The Total Gross Receipt Has Been Treated As The Income Of The Assesee. It Was Submission That If I Told The Income Of The Assesee Is To Be Assessed Then Income Should Have Been Assessed As Business

For Appellant: Shri, K.C.Jena, ARFor Respondent: Shri Vijay Singh, Sr. D.R
Section 12ASection 143(1)

assessment year 2018- 19. 2. It was submitted by the Ld. AR that the assesee is a trust which has not got registration under section 12A of the Act. It was submission that the returned filed by the assesee for the impugned assessment year came to be processed and intimation

SHI vs. Iddhi Education Society, Sataravs.CIT Exemption Pune, Pune

In the result, appeal filed by the assessee is allowed

ITA 1786/PUN/2025[2024-25]Status: DisposedITAT Pune24 Sept 2025AY 2024-25

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.1774 & 1786/Pun/2025 निर्धारण वषा / Assessment Year: - Shivsiddhi Education Society, V The Cit Exemption, 10, S.No.272/A, Midc S. Pune. Chandan Nagar, Degaon, Satara – 415004. Pan: Aapts1266F Appellant/ Assessee Respondent / Revenue Assessee By Ca Rani C. Mutha Revenue By Shri Amit Bobde- Cit Date Of Hearing 10/09/2025 Date Of Pronouncement 24/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Exemption), Pune Rejecting The Application For Grant Of Registration U/S.12A R.W.S 12Ab & 80G(5) Of The Income Tax Act, 1961(Hereinafter Referred To As „The Act‟) Both Dated 20.09.2024Respectively. For The Sake Of Convenience, These Two Appeals Were Heard Together & Are Being Disposed Of By This Common Order. We Treat The Appeal In Ita

Section 11Section 12ASection 12A(1)(ac)

both the parties and perused the records. In this case, ld.Commissioner of Income Tax(Exemption)[ld.CIT(E)] has denied assessee‟s claim for registration under section 12A of the Act, r.w.s 12AB of the Act. In this case, Assessee has filed an 3 ITA Nos.1774 & 1786/PUN/2025 [A] application in Form ... No.10AB of the Act, on 08.03.2024 for registration under section 12A r.w.s 12AB of the Act. Assessee had filed necessary documents along with the application. Ld.CIT(E) rejected assessee‟s application vide his order dated 20.09.2024. The relevant paragraph no.6 & 7 are reproduced here as under : “6. On verification

SHI vs. Iddhi Education Society, Sataravs.CIT Exemption Pune, Pune

In the result, appeal filed by the assessee is allowed

ITA 1774/PUN/2025[2024-25]Status: DisposedITAT Pune24 Sept 2025AY 2024-25

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.1774 & 1786/Pun/2025 निर्धारण वषा / Assessment Year: - Shivsiddhi Education Society, V The Cit Exemption, 10, S.No.272/A, Midc S. Pune. Chandan Nagar, Degaon, Satara – 415004. Pan: Aapts1266F Appellant/ Assessee Respondent / Revenue Assessee By Ca Rani C. Mutha Revenue By Shri Amit Bobde- Cit Date Of Hearing 10/09/2025 Date Of Pronouncement 24/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Exemption), Pune Rejecting The Application For Grant Of Registration U/S.12A R.W.S 12Ab & 80G(5) Of The Income Tax Act, 1961(Hereinafter Referred To As „The Act‟) Both Dated 20.09.2024Respectively. For The Sake Of Convenience, These Two Appeals Were Heard Together & Are Being Disposed Of By This Common Order. We Treat The Appeal In Ita

Section 11Section 12ASection 12A(1)(ac)

both the parties and perused the records. In this case, ld.Commissioner of Income Tax(Exemption)[ld.CIT(E)] has denied assessee‟s claim for registration under section 12A of the Act, r.w.s 12AB of the Act. In this case, Assessee has filed an 3 ITA Nos.1774 & 1786/PUN/2025 [A] application in Form ... No.10AB of the Act, on 08.03.2024 for registration under section 12A r.w.s 12AB of the Act. Assessee had filed necessary documents along with the application. Ld.CIT(E) rejected assessee‟s application vide his order dated 20.09.2024. The relevant paragraph no.6 & 7 are reproduced here as under : “6. On verification