← All Phrases

“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

Sampark, Sailasree Vihar, Bhubaneswar vs. Commissioner-of-Income Tax(Exemption), Hyderabad

In the result, appeals of the assessee stand allowed for statistical purposes

ITA 133/CTK/2025[2023-24]Status: DisposedITAT Cuttack01 Jul 2025AY 2023-24

Bench: S/ S/Shri Duvvuru Rl Reddy(Kz) Rl Reddy(Kz) & And Rajesh Kumarita No.133/Ctk/2025 Assessment Year :2023-24 Samprak Vs. Cit(Exemption), Hyderabad Cit(Exemption), Hyderabad At: At: 311/4370, 311/4370, Niladri Niladri Vihar, Vihar, Sailashree Vihar, Vihar, Bhubaneswar 751021 Pan/Gir No. Aaajs 3164 R (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri : Shri Sanjay Behura & Ananta Narayan Singhbabu Narayan Singhbabu, Ars Re Revenue By : Shri Ashim Kr Chakraborthy, Ashim Kr Chakraborthy, Cit Dr Date Of Hearing : 01/07/202 /2025 Date Of Pronouncement : 01/07/202 /2025 O R D E R Per Bench The Present Appeal The Present Appeals Are Directed At The Instance Of Assessee Directed At The Instance Of Assessee Against The Order Of Ld. Com The Order Of Ld. Commissioner Of Income Tax (E)), Hyderabad Dated 09/12/2024 In Appeal No.Cit(Exemption),Hyd/2024 Cit(Exemption),Hyd/2024-25/12Aa/11704, Rejecting The Application For Grant Of Registration U/S. Rejecting The Application For Grant Of Registration U/S.12Ab 12Ab & Dated 11/12/2024 11/12/2024 In In Appeal Appeal No. No.Cit(Exemption),Hyd/2024 Exemption),Hyd/2024-25/12Aa/11703 Rejecting The Application For Grant Of Registration U/S. 80G Of The Act, Passed Rejecting The Application For Grant Of Registration U/S. 80G Of The Act, Rejecting The Application For Grant Of Registration U/S. 80G Of The Act, For Assessment Year For Assessment Year 2023-24. P A G E 1 | 4 Ita No.133/Ctk/2025 Assessment Year :2023-24

For Appellant: ShriFor Respondent: Shri Ashim Kr Chakraborthy
Section 11Section 12Section 12ASection 80G

IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH

Shia Immami Ismalia Girls Academy, Bhuj vs. CIT (Exemption), Ahmedabad

ITA 50/RJT/2025[NA]Status: DisposedITAT Rajkot30 Jun 2025

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.50/Rjt/2025 (निर्धारण वर्ष / Assessment Year: N.A.) Shia Immami Ismalia Girls Academy, Vs. Bhaveshwar Nagar, Bhuj, Kutch, Gujarat-370001 Commissioner Of Income Tax (Exemption), Ahmedabad स्थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abbts3142F (Appellant) (Respondent) Appellant By Respondent By Date Of Hearing Date Of Pronouncement : Shri R. B. Shah, Ar : Shri Sanjay Punglia, Cit Dr : 02/06/2025 : 30/06/2025 आदेश / Order Per Dr. A. L. Saini, Am: Captioned Appeal Filed By The Assessee, Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Exemption), Ahmedabad Vide Order Dated 04.09.2024, Wherein Ld. Commissioner Of Income Tax (Exemption) Rejected The Application Filed By The Assessee In Form No. 10Ab Under Section 12A(1)(Ac)(Ii) Of The Act Holding That The Application Filed By The Assessee Under Section 12A(1)(Ac)(Ii) Of The Act In Form No. 10Ab Is Prima Facie Not Maintainable. 2. The Grounds Of Appeal Raised By The Assessee Are As Follows: “1. That The Learned Cit (Exemption) Has Erred Both On Facts & In Law In Not Granting Registration To The Appellant Trust On The Mere Ground That In The Application Made In Form No. 10Ab Of The Income Tax Rules, Section 12A(1)(Ac)(Ii) Of The Income Tax Act Had Inadvertently Been Typed On Account Of Typographical Error Instead Of Section 12A(1)(Ac)(Iii) Of The Act. 2. The Appellant Craves Leave To Add, Alter & Amend Or Delete Any Of The Grounds Of Appeal Before Or At The Time Of Hearing.”

Section 12ASection 12A(1)(ac)

note that Ld. CIT(E), on merit rejected the assessee's application observing as follows: “The applicant has filed an application for registration under section 12A(1)(ac)(ii) of the I.T Act in Form no. 10AB electronically and as per data available, the same is filed in ITBA