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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 Shenalma Gaushala Trust, Banaskantha vs. The CIT(Exemption), Ahmedabad

Appeals are allowed for statistical

ITA 95/AHD/2025[NA]Status: DisposedITAT Ahmedabad10 Jun 2025

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.94 & 95/Ahd/2025 निर्धारण वर्ष / Assessment Year : Na Shri Shenalma Gaushala Trust Motamesara, Banaskantha, Gujarat - 385565 स्थायी लेखा सं./Pan: Aasts9381C अपीलार्थी/ (Appellant) Assessee By: Revenue By : The Commissioner Of Income Tharad, बनाम / Tax (Exemption) V/S. Ahmedabad प्रत्यर्थी/ (Respondent) Shri Samir Vora, Ar Shri Durga Dutt, Cit.Dr सुनवाई की तारीख/Date Of Hearing : 05/06/2025 घोषणा की तारीख / Date Of Pronouncement: 10/06/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: These Two Appeals By The Assessee Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Exemption), Ahmedabad [Hereinafter Referred To As “Cit(Exemption)"] Rejecting The Applications For Registration Under Section 12A(1)(Ac)(Iii) & For Approval Under Section 80G(5)(Iii) Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act"] & Cancelling The Provisional Approvals Earlier Granted. Since Common Facts & Grounds Are Involved, Both Appeals Are Heard Together & Disposed Of By This Consolidated Order. Condonation Of Delay 2. The Registry Noted Delay In Filing Both The Appeals Before Us. The Appeals Are Accompanied By Applications Under Section 253(5) Of The Act Seeking Condonation Of Delay. Details Of Such Delay Are As Follows - Appeal Order Appealed Against Date Order Of Cit(E) Date Of Appeal Due Date For Appeal Date Of Filing Before Us Delay (Days) Delay Noted By Registry

For Appellant: Revenue byFor Respondent: The Commissioner of Income
Section 12A(1)(ac)Section 253(5)Section 80G(5)(iii)

separate orders passed by the learned Commissioner of Income Tax (Exemption), Ahmedabad [hereinafter referred to as “CIT(Exemption)"] rejecting the applications for registration under section 12A(1)(ac)(iii) and for approval under section 80G(5)(iii) of the Income-tax Act, 1961 [hereinafter referred ... with the applicable laws. Pursuant to the expiry of its provisional registration, the assessee had filed a fresh application in Form 10AB for registration under section 12A(1)(ac)(iii) of the Income-tax Act, 1961. However, the said application was rejected by the CIT(Exemption), Ahmedabad vide order dated

Shri Shenalma Gaushala Trust, Banaskantha vs. The CIT(Exemption), Ahmedabad

Appeals are allowed for statistical

ITA 94/AHD/2025[NA]Status: DisposedITAT Ahmedabad10 Jun 2025

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.94 & 95/Ahd/2025 निर्धारण वर्ष / Assessment Year : Na Shri Shenalma Gaushala Trust Motamesara, Banaskantha, Gujarat - 385565 Tharad, स्थायी लेखा सं./Pan: Aasts9381C अपीलार्थी/ (Appellant) Assessee By: Revenue By : The Commissioner Of Income Tax (Exemption) V/S. Ahmedabad प्रत्यर्थी/ (Respondent) Shri Samir Vora, Ar Shri Durga Dutt, Cit.Dr सुनवाई की तारीख/Date Of Hearing : 05/06/2025 घोषणा की तारीख / Date Of Pronouncement: 10/06/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: These Two Appeals By The Assessee Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Exemption), Ahmedabad [Hereinafter Referred To As “Cit(Exemption)"] Rejecting The Applications For Registration Under Section 12A(1)(Ac)(Iii) & For Approval Under Section 80G(5)(Iii) Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act"] & Cancelling The Provisional Approvals Earlier Granted. Since Common Facts & Grounds Are Involved, Both Appeals Are Heard Together & Disposed Of By This Consolidated Order. Condonation Of Delay 2. The Registry Noted Delay In Filing Both The Appeals Before Us. The Appeals Are Accompanied By Applications Under Section 253(5) Of The Act Seeking Condonation Of Delay. Details Of Such Delay Are As Follows - Appeal Order Appealed Against Date Order Of Cit(E) Date Of Appeal Due Date For Appeal Date Of Filing Before Us Delay (Days) Delay Noted By Registry

For Appellant: Revenue byFor Respondent: The Commissioner of Income
Section 12A(1)(ac)Section 253(5)Section 80G(5)(iii)

separate orders passed by the learned Commissioner of Income Tax (Exemption), Ahmedabad [hereinafter referred to as “CIT(Exemption)"] rejecting the applications for registration under section 12A(1)(ac)(iii) and for approval under section 80G(5)(iii) of the Income-tax Act, 1961 [hereinafter referred ... with the applicable laws. Pursuant to the expiry of its provisional registration, the assessee had filed a fresh application in Form 10AB for registration under section 12A(1)(ac)(iii) of the Income-tax Act, 1961. However, the said application was rejected by the CIT(Exemption), Ahmedabad vide order dated