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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

Shankerlingam Memorial Charitable Trust, Chennai vs. CIT, Exemptions, Chennai

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

ITA 962/CHNY/2025[-]Status: DisposedITAT Chennai15 Jul 2025

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:962/Chny/2025 Shankerlingam Memorial Charitable Trust, 33, Second Cross Street, West Cit Nagar, Nandanam, Chennai – 600 035. [Pan:Aacts-6339-N] (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By Vs. Cit (Exemptions), Chennai. (प्रत्यर्थी/Respondent) Shri. S. Seetharaman, C.A. प्रत्यर्थी की ओर से/Respondent By Ms. E. Pavuna Sundari, Cit (Virtual) सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement 24.06.2025 15.07.2025 Per S. R. Raghunatha, Am : आदेश /Order This Appeal By The Assessee Is Filed Against The Order Of The Commissioner Of Income Tax (Exemption), Chennai, Vide Order Dated 11.03.2025. 2. We Find From The Grounds That The Assessee Is A Religious & Charitable Trust Had Filed An Application Seeking Registration U/S.12Ab Of The Act, Vide Application In Form 10Ab Dated 29.09.2024 U/S.12A(1)(Ac)(Ii) Of The Act. The Id.Cit(E) Has Rejected The Application For Non-Compliance Of The Assessee In Further Proceedings By Passing An Order In Form 10Ad Dated 11.03.2025. Hence, The Assessee Filed This Appeal & Prayed For One More Opportunity Of Hearing Before The Ld.Cit(E). :-2-:

Section 12ASection 12A(1)(ac)

आयकर अपीलीय अधिकरण, 'ए बी सी डी' न्यायपीठ, चेन्नई IN THE INCOME TAX APPELLATE TRIBUNAL 'A' BENCH, CHENNAI श्री जॉर्ज

Shri Visha Oswal Mahajan Kharoi, Bhachau - Kutchh - Gujarat., Bhachau-Kutch-Gujarat vs. The CIT (Exemption), Ahmedabad

ITA 325/RJT/2023[2022-23]Status: DisposedITAT Rajkot09 Jul 2025AY 2022-23

Bench: Dr. Arjun Lal Saini, Am. & Dinesh Mohan Sinha, Jm आयकरअपीलसं./Ita No.325/Rjt/2023 "नधा"रणवष" / Assessment Year: (2022-23) (Hybrid Hearing) Shri Visha Oswal Mahajan Kharoi, Vs. Cit(Exemption), Room No: 609, 6Th Floor, Aaykar Bhachau – Kutch 370140 Bhuvan, (Vejalpur), 100 Feet Road, Anandnagar Prahladnagar Road, Ahmedabad 380015 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aapts3740J (Appellant) (Respondent) Appellant By : Shri Darshak Thakkar, Ld. Ar Respondent By : Shri Sanjay Punglia, Ld. Sr. Dr Date Of Hearing : 02 / 06 /2025 Date Of Pronouncement : 09 / 07 /2025

For Appellant: Shri Darshak Thakkar, Ld. ARFor Respondent: Shri Sanjay Punglia, Ld. SR. DR
Section 12ASection 12A(1)Section 12A(1)(ac)Section 13(1)(b)

trust is created prior to 13/02/1962, why it has not got any regular registration of Trust since then and has applied for provisional registration under section 12A(1) sub clause(vi) of clause(ac). Section 12AB makes, it very clear that before granting registration under this section, the Commissioner ... defined in the explanation to section 12AB (4) of the fact. 25. Bank statement of last 03 years. 26. Form No. 10AC for registration under section 12A of the act. We find that Deed of Public Trust submitted before us. We note that the assessee Trust. registered since 1962 entry