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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

Shri Shiridi Sai Seva Trust, Hyderabad vs. ITO., Exemption Ward-1(4), Hyderabad

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

ITA 856/HYD/2025[2025-26]Status: DisposedITAT Hyderabad06 Aug 2025AY 2025-26

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.856/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2025-26) Shri Shiridi Sai Seva Trust, Income Tax Officer (Exemption), Vs. Ward-1(4), Hyderabad. Hyderabad. Pan:Aacts3985J (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri B. Satyanarayana Murthy, C.A. रधजस् व द्वधरध/Revenue By:: Shri Narendra Kumar Naik, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 04/08/2025 घोर्णध की तधरीख/Pronouncement: 06/08/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Shiridi Sai Seva Trust (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Exemption), Hyderabad (“Ld. Cit(E)”), Dated 21.03.2025 For The A.Y. 2025-26. 2. The Assessee Has Raised The Following Grounds Of Appeal :

For Appellant: Shri B. Satyanarayana MurthyFor Respondent: : Shri Narendra Kumar Naik
Section 12ASection 12A(1)(ac)

assessee is now in appeal before the Tribunal. The Learned Authorised Representative (“Ld. AR”) submitted that the assessee had been granted valid registration under section 12A of the Act since ITA No.856/Hyd/2025 4 01.03.1995 (page no.1 of the paper book). In light of the 2020 amendment, the assessee was required

National Womens Organisation, Pune vs. Commisioner of Income Tax Exemption, Pune

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

ITA 819/PUN/2025[2023-2024]Status: DisposedITAT Pune01 Aug 2025AY 2023-2024

Bench: Shri Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita No.819/Pun/2025 National Womens Organisation, Cit (Exemption), Pune B 16, Shanti Vihar, Bhavdan, Pune-411021 Vs. Pan : Aaatn4537H अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Smt. Shweta Joshi Department By : Shri Amol Khairnar Date Of Hearing : 21-07-2025 Date Of 01-08-2025 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 30.09.2022 Of The Ld. Commissioner Of Income Tax (Exemption), Pune [“Cit(E)”] Whereby He Rejected The Application Of The Assessee Filed Before Him On 31.03.2022 In Form No. 10Ab Under Clause (Iii) Of Section 12A(1)(Ac) Of The Income Tax Act, 1961 (The “Act”).

For Appellant: Smt. Shweta JoshiFor Respondent: Shri Amol Khairnar
Section 12ASection 12A(1)(ac)Section 143(3)

before the Tribunal and all the grounds of appeal relate thereto. 6. The Ld. AR submitted that the assessee has a valid provisional registration under section 12A of the Act, a copy of which has been placed on record. He submitted that Ld. CIT(E) has rejected the application ... there was a temporary slowdown in the activities run by the assessee trust. The assessee trust also holds a valid certificate for provisional registration under section 12A of the Act. The Paper Book filed by the Ld. DR demonstrates that the assessee has submitted certain information/details/documents sought

Bhartiya Mahila Evam Gramin Uthan Sansthan, Basti vs. Commissioner of Income Tax (Exemption), Lucknow

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

ITA 668/LKW/2024[2023-2024]Status: DisposedITAT Lucknow31 Jul 2025AY 2023-2024

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2023-24 Bhartiya Mahila Evam Gramin Vs. Commissioner Of Income Tax Utthan Sansthan, Vill- Jakhni, Post- (Exemption) Labnapar, Dist- Basti Pan:Aadtb5654L (Appellant) (Respondent) Assessee By: Sh. B.P. Yadav, Advocate Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 09.06.2025 Date Of Pronouncement: 31.07.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(Exemption), Lucknow, Passed Under Section 12Ab(1)(B)(Ii)(B) Of The Income Tax Act, 1961, Rejecting The Application Of The Assessee For Registration. The Grounds Of Appeal Are As Under:- “1. The Learned Commissioner Of Income Tax (Exemption), Lucknow [ Hereinafter Referred To As The Ld. Cit(E)] Has Erred On Facts & In Law In Rejecting The Application Of The Assessee Filed In Form 10Ab For Seeking Renewal Of Registration Stood Already Granted U/S 12Ab Of The I.T. Act, 1961 By Passing An Ex-Parte Order & Without Looking Into The Merit Of The Case Of The Assessee. 2. The Ld. Cit(E) Has Erred On Facts & In Law In Holding That The Activities Being Carried Out By The Assessee Are Not Charitable In Nature. 3. The Ld. A.O. Erred On Facts & In Law In Not Providing The Appellant Any Such Opportunity To Have His Say & To Make Compliance Of The Reasons Being Relied Upon By Him While Creating Tax Demand Against The Assessee. 4. The Appellant Reserves His Right To Advance Such Other Grounds Before Or At The Time Of Hearing Which He May Consider Fit & Appropriate, For Which He 1 Bhartiya Mahila Evam Gramin Uthan Sansthan A.Y. 2023-24 Craves Leaves To Amend, Alter Or Otherwise Modify The Grounds Appearing Hereinabove With Kind Permission Of The Office Of Cit-Appeal.”

For Appellant: Sh. B.P. Yadav, AdvocateFor Respondent: Sh. R.K. Agarwal, CIT DR
Section 12A

rejected the registration on the grounds that assessee had not submitted its books of accounts, that at the stage of granting of registration under section 12A, the ld. CIT(E) was required to see the objects of the assessee and not required to examine the application of income, which would