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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

Rajkunwar Bahuudeshiya Sevabhavi Sanstha, Jalna vs. CIT (E), Pune

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

ITA 1468/PUN/2024[-]Status: DisposedITAT Pune30 Apr 2025

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1468/Pun/2024 Rajkunwar Bahuuddeshiya Vs. Cit, Exemption, Pune. Sevabhavi Sanstha, Yashwant Nagar, Ambad Road, Jalna- 431203. Pan : Aactr4529B Appellant Respondent Assessee By : Shri Shubham N. Rathi Revenue By : Shri Ajay Kumar Keshari Date Of Hearing 21.04.2025 : Date Of Pronouncement 30.04.2025 : आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.01.2024 Passed By Ld. Cit, Exemption, Pune Rejecting The Application For Registration U/S 12Ab Of The It Act. 2. There Is A Delay Of 110 Days In Filing Of The Present Appeal. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Along With An Affidavit. We Are Satisfied With The Explanation Of The Assessee That He Was Prevented By Reasonable Cause For Not Filing The Present Appeal Within Prescribed Time Limit. Ld. Dr Raised No Serious Objection To The Condonation Request

For Appellant: Shri Shubham N. RathiFor Respondent: Shri Ajay Kumar Keshari
Section 12ASection 12A(1)(ac)Section 12A(1)(as)Section 36ASection 36A(3)

registration by observing as under :- “6. The assessee submitted the compliance on 16/01/2024 but failed to furnish the copy of order or registration under section 12A or 12AA of the Income Tax Act, 1961 prior to 01/04/2021. Therefore, it seems that the assessee has obtained the said registration

Gnanaratna Charitable Trust, Chennai vs. CIT, Exemptions, Chennai

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

ITA 555/CHNY/2025[-]Status: DisposedITAT Chennai30 Apr 2025

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.554 & 555/Chny/2025 Gnanaratna Charitable Trust, Vs. The Commissioner Of Income C-1, Kottur Villa, 5, Lockstreet, Tax (Exemption), Kotturpuram, Chennai 600 085. Chennai. [Pan:Aabtg9631J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Varun Nahar, C.A. ""थ" की ओर से/Respondent By : Shri Ar.V. Sreenivasan, Cit सुनवाई की तारीख/ Date Of Hearing : 23.04.2025 घोषणा की तारीख /Date Of Pronouncement : 30.04.2025 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 16.12.2024 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai In Respect Of Seeking Registration Under Section 12A(1)(Ac) Of The Income Tax Act, 1961 [“Act” In Short] & Seeking Approval Under Section 80G(5)(Iii) Of The Act.

For Appellant: Shri Varun Nahar, C.AFor Respondent: Shri AR.V. Sreenivasan, CIT
Section 12ASection 12A(1)(ac)Section 80GSection 80G(1)Section 80G(5)(iii)

assessee are directed against separate orders both dated 16.12.2024 passed by the ld. Commissioner of Income Tax (Exemption), Chennai in respect of seeking registration under section 12A(1)(ac) of the Income Tax Act, 1961 [“Act” in short] and seeking approval under section ... pass consolidated order for the sake of convenience. 2 I.T.A. Nos.5554 & 555/Chny/25 3. First, we shall take appeal in I.T.A. No. 554/Chny/2025 seeking registration under section 12A(1)(ac) of the Act for adjudication. 4. The ld. AR Shri Varun Nahar, CA submits that the assessee was granted registration under

Gnanaratna Charitable Trust, Chennai vs. CIT, Exemptions, Chennai

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

ITA 554/CHNY/2025[-]Status: DisposedITAT Chennai30 Apr 2025

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.554 & 555/Chny/2025 Gnanaratna Charitable Trust, Vs. The Commissioner Of Income C-1, Kottur Villa, 5, Lockstreet, Tax (Exemption), Kotturpuram, Chennai 600 085. Chennai. [Pan:Aabtg9631J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Varun Nahar, C.A. ""थ" की ओर से/Respondent By : Shri Ar.V. Sreenivasan, Cit सुनवाई की तारीख/ Date Of Hearing : 23.04.2025 घोषणा की तारीख /Date Of Pronouncement : 30.04.2025 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 16.12.2024 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai In Respect Of Seeking Registration Under Section 12A(1)(Ac) Of The Income Tax Act, 1961 [“Act” In Short] & Seeking Approval Under Section 80G(5)(Iii) Of The Act.

For Appellant: Shri Varun Nahar, C.AFor Respondent: Shri AR.V. Sreenivasan, CIT
Section 12ASection 12A(1)(ac)Section 80GSection 80G(1)Section 80G(5)(iii)

assessee are directed against separate orders both dated 16.12.2024 passed by the ld. Commissioner of Income Tax (Exemption), Chennai in respect of seeking registration under section 12A(1)(ac) of the Income Tax Act, 1961 [“Act” in short] and seeking approval under section ... pass consolidated order for the sake of convenience. 2 I.T.A. Nos.5554 & 555/Chny/25 3. First, we shall take appeal in I.T.A. No. 554/Chny/2025 seeking registration under section 12A(1)(ac) of the Act for adjudication. 4. The ld. AR Shri Varun Nahar, CA submits that the assessee was granted registration under

Maheshwari Pragati Mandal, Nanded vs. C.I.T, Exemption, Pune

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

ITA 2514/PUN/2024[-]Status: DisposedITAT Pune29 Apr 2025

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2514/Pun/2024 िनधा"रण वष" / Assessment Year: - Maheshwari Pragarti Mandal, V The Commissioner Of Maheshwari Bhavan, H.No.10- S Income Tax(Exemption), 2-1091, New Koutha, Latur Pune. Road, Nanded – 431603. Maharashtra. Pan: Aabtm9529M Appellant/ Assessee Respondent / Revenue Assessee By Shri Sarvesh Vinod – Ar Revenue By Shri P R Mane – Dr Date Of Hearing 23/04/2025 Date Of Pronouncement 29/04/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax-Exemption, Pune Passed Under Section 12A(1)(Ac) Of The Income Tax Act, 1961; Dated 27.09.2024. The Assessee Has Raised The Following Ground Of Appeal : “1) Deeming Rental Income Be Of Commercial Nature The Ld Cit Has Erred In Assuming That Income Reported By The Appellant

Section 12ASection 12A(1)(ac)

registration u/s 12A in the Past The Ld. CIT has erred in arguing that the Appellant did not previously filed application for registration under Section 12A due to the absence of charitable activities and that the Appellant admitted to this claim. The Appellant has made no such submission, and this ... statement by the Ld. CIT is purely based on assumptions and presumptions. Failure to apply for registration under Section 12A does not negate the charitable nature of the activities carried out by the Appellant. The Ld. CIT's conclusions in this regard are grossly erroneous. The Appellant craves leave

Apmh Foundation, Mumbai vs. CIT (Exemptions), Mumbai

In the result, both the appeals of the assessee are allowed for statistical

ITA 1718/MUM/2025[2025-26]Status: DisposedITAT Mumbai29 Apr 2025AY 2025-26

Bench: Ms. Kavitha Rajagopal & Smt. Renu Jauhriआयकर अपील सं./Ita No. 1717/Mum/2025 (निर्धारण वर्ष / Assessment Year :2025-26) आयकर अपील सं./Ita No. 1718/Mum/2025 (निर्धारण वर्ष / Assessment Year :2025-26) Apmh Foundation D 613, Neelkanth Business Park, Nathani Road, Vidya Vihar West, Maharashtra- 400086 V/S. Cit(Exemption), Mumbai Room No. 601, Cumballa Hill, Mtnl Te Building, Pedder Road, Dr. Gopalrao Deshmukh Marg, Maharashtra-400026 बनाम स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aajta1880H Appellant/अपीलार्थी .. Respondent/प्रतिवादी निर्धारिती की ओर से /Assessee By: Shri Mehul Shah राजस्व की ओर से /Revenue By: Shri Shekhar L. Gajbhiye सुनवाई की तारीख / Date Of Hearing 23.04.2025 घोषणा की तारीख/Date Of Pronouncement 29.04.2025 आदेश / Order Per Renu Jauhri [A.M.] :- This Appeal Is Filed By The Assessee Against The Order Of The Learned Commissioner Of Income-Tax (Exemptions), Mumbai [Hereinafter Referred To As “Cit(A)"] Dated 10.03.2025 Passed U/S.250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “Act”] For Assessment Year [A.Y.] 2025-26. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. On The Facts & In Circumstances Of The Case & In Law, Learned Commissioner Of Income-Tax (Exemption) Erred In Rejecting Application In Form No. 10Ab For Renewal Of Registration Under Section 12Ab Alleging That The Application Was Made Under Section 12A (1) (Ac) (Ii) In Place Of Section 12A (1) (C) (Iii) & In The Process No Opportunity Of Making Correction In The Application Was Provided.” 3. Since Similar Issue Is Involved In The Both Appeals & Facts & Circumstances Are Same, These Are Being Disposed Of By A Common Order. Ita No. 1717/Mum/2025 Is Being Taken As A Lead Case.

For Appellant: Shri Mehul ShahFor Respondent: Shri Shekhar L. Gajbhiye
Section 12ASection 12A(1)(ac)Section 250Section 80G

IN THE INCOME-TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE MS. KAVITHA RAJAGOPAL, JUDICIAL MEMBER & SMT. RENU JAUHRI, ACCOUNTANT MEMBER