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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

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

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

ITA 1717/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. बनाम Cit(Exemption), Mumbai Room No. 601, Cumballa Hill, Mtnl Te Building, Pedder Road, Dr. Gopalrao Deshmukh Marg, Maharashtra-400026 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

Bright Land College, Lucknow vs. Income Tax Officer (Exemption), Lucknow

In the result, the appeal of the assessee is allowed

ITA 227/LKW/2022[2013-14]Status: DisposedITAT Lucknow25 Apr 2025AY 2013-14

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2013-14 Bright Land College, Vs. Income Tax Officer 538A / 543/5, Triveni Nagar (Exemption), Lucknow, The Sitapur Road, Lucknow Jurisdictional Assessing Officer Pan:Aaatb4391F (Appellant) (Respondent) Assessee By: Ms. Shweta Mittal, C.A. Revenue By: Sh. Sanjeev Krishna Sharma, Addl. Cit (Dr) Date Of Hearing: 02.04.2025 Date Of Pronouncement: 25.04.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Passed On 17.10.2022 Under Section 250 Of The Income Tax Act, 1961. The Grounds Of Appeal Preferred By The Assessee Are As Under:- “1. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Passing The Order, Which Is Unlawful, Unjustified & Against The Principles Of Natural Justice. 2. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Passing The Order Without Giving Adequate Opportunity Of Being Heard. 3. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Upholding Ad Hoc Disallowance Of Expense Of Rs. 1,54,57,795/- Against The Order Passed U/S 143(1) Of Income-Tax Act Without Following The Procedure Laid Down In Sub-Section (1) Of Section 143 Of Income-Tax Act, 1961. 4. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Not Granting Exemption U/S 11 & 12 Of The I. T. Act, 1961. 1 Bright Land College A.Y. 2013-14

For Appellant: Ms. Shweta Mittal, C.AFor Respondent: Sh. Sanjeev Krishna Sharma, Addl. CIT
Section 11Section 12(1)(b)Section 143Section 143(1)Section 234ASection 250

society had been applied towards charitable purposes enshrined within the objects of the society, for which the ld. CIT had granted the registration under section 12A. The mere fact that the assessee may have filled wrongly or omitted to fill a column in its income tax return, would not take