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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

Kongu Welfare Trust, Villupuram vs. ITO, Exemptions Ward-1, Chennai

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

ITA 1298/CHNY/2025[2018-19]Status: DisposedITAT Chennai18 Jul 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1298/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Kongu Welfare Trust, Vs. The Income Tax Officer, No.2/1, Vijayapuram Iind Street, Exemptions Ward 1, Chinnasalem – Tk, Villipuram, Chennai. Villupuram 606 201. [Pan:Aactk2793E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Mudit Bohra, Advocate ""थ" की ओर से/Respondent By : Ms. V. Supraja, Addl.Cit सुनवाई की तारीख/ Date Of Hearing : 16.07.2025 घोषणा की तारीख /Date Of Pronouncement : 18.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.03.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2018-19. 2. The Assessee Raised 6 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is 2

For Appellant: Shri Mudit Bohra, AdvocateFor Respondent: Ms. V. Supraja, Addl.CIT
Section 10Section 12ASection 142(1)Section 143(3)Section 164(2)Section 2(15)

business for any consideration as referred to in proviso to section 2(15) of the Act. Since the assessee could not produce the registration under section 12A of the Act or approval under section 10(23C) of the Act for the assessment year under consideration and not filed the audit ... neither wilful nor deliberate but due to circumstances beyond assessee’s control. He submits that in the absence of registration under section 12A of the Act, or approval under section 10(23C) of the Act for AY 2018-19, audit report in Form 10B, the Assessing Officer treated the receipts

A/M Athanuramman and Kuppiyannaswamy Thirukoil Annadhanam Scheme Fund, Erode vs. CIT, Exemptions, Chennai

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

ITA 1278/CHNY/2025[-]Status: DisposedITAT Chennai17 Jul 2025

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. Nos.1277 & 1278/Chny/2025 A/M Athanuramman & Vs. The Commissioner Of Income Tax Kuppiyannaswamy Thirukoil (Exemptions), Annadhaanam Scheme Fund, A/M Chennai. Athanuramman & Kuppiyannaswamy Thirukoil, Muthur Kangayam Taluk, Erode 638 105. [Pan:Aabta7627E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri J. Saravanan, Advocate ""थ" की ओर से/Respondent By : Ms. E. Pavuna Sundari, Cit सुनवाई की तारीख/ Date Of Hearing : 15.07.2025 घोषणा की तारीख /Date Of Pronouncement : 17.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Separate Orders Both Dated 20.01.2025 Passed By The Ld. Commissioner Of Income Tax (Exemptions), 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.

For Appellant: Shri J. Saravanan, AdvocateFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 12ASection 12A(1)(ac)Section 282Section 80GSection 80G(5)Section 80G(5)(iii)

separate orders both dated 20.01.2025 passed by the ld. Commissioner of Income Tax (Exemptions), 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

A/M Athanuramman and Kuppiyannaswamy Thirukoil Annadhaanam Scheme Fund, Erode vs. CIT, Exemptiions, Chennai

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

ITA 1277/CHNY/2025[-]Status: DisposedITAT Chennai17 Jul 2025

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. Nos.1277 & 1278/Chny/2025 A/M Athanuramman & Vs. The Commissioner Of Income Tax Kuppiyannaswamy Thirukoil (Exemptions), Annadhaanam Scheme Fund, A/M Chennai. Athanuramman & Kuppiyannaswamy Thirukoil, Muthur Kangayam Taluk, Erode 638 105. [Pan:Aabta7627E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri J. Saravanan, Advocate ""थ" की ओर से/Respondent By : Ms. E. Pavuna Sundari, Cit सुनवाई की तारीख/ Date Of Hearing : 15.07.2025 घोषणा की तारीख /Date Of Pronouncement : 17.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Separate Orders Both Dated 20.01.2025 Passed By The Ld. Commissioner Of Income Tax (Exemptions), 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.

For Appellant: Shri J. Saravanan, AdvocateFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 12ASection 12A(1)(ac)Section 282Section 80GSection 80G(5)Section 80G(5)(iii)

separate orders both dated 20.01.2025 passed by the ld. Commissioner of Income Tax (Exemptions), 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