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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

Secret Charitable Trust, Ahmedabad vs. The CIT(Exemption), Ahmedabad

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

ITA 144/AHD/2025[NA]Status: DisposedITAT Ahmedabad20 Mar 2025

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.144/Ahd/2025 िनधा"रण वष" /Assessment Year : Na Secret Charitable Trust The Cit (Exemption) बनाम/ 213, Moonlight Complex Ahmedabad – 380 015 V/S. Nr. Punjab Honda Show Room Drive-In-Road Gurukul Ahmedabad – 380 052 "थायी लेखा सं./Pan: Abgts 8863 E (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri S.N. Divatia & Shri Samir Vora, Ars Revenue By : Shri R.N. Dsouza, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 19 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 20 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Has Been Filed By The Assessee Against The Order Passed By The Commissioner Of Income Tax (Exemption), Ahmedabad [Hereinafter Referred To As "Cit(E)"] Dated 30.12.2024 Rejecting The Application For Approval Under Section 80G(5)(Iii) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"] & Cancelling The Provisional Approval Granted Earlier. Secret Charitable Trust Vs. Cit (Exemption)

For Appellant: Shri S.N. Divatia &For Respondent: Shri R.N. Dsouza, CIT-DR
Section 12ASection 80G(5)Section 80G(5)(ii)Section 80G(5)(iii)

आयकर अपीलीय अिधकरण, अहमदाबाद "ायपीठ “ए“, अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, AHMEDABAD "ी संजय गग", "ाियक सद

Gramya Vikas Pratishthan Koba, Gandhinagar vs. The CIT(Exemption), Ahmedabad

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

ITA 2141/AHD/2024[NA]Status: DisposedITAT Ahmedabad20 Mar 2025

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.2141/Ahd/2024 िनधा"रण वष" /Assessment Year : Na Gramya Vikas Pratishthan The Cit (Exemption) बनाम/ Koba Ahmedabad – 380 015 V/S. At & Post : Koba Navakoba, Gandhinagar – 382 009 (Gujarat) "थायी लेखा सं./Pan: Aaatg 1641 D (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Alpesh Shah, Ar Revenue By : Shri A.P. Singh, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 19 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 20 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Alpesh Shah, ARFor Respondent: Shri A.P. Singh, CIT-DR
Section 12ASection 12A(1)(ac)

against the order of the Commissioner of Income Tax (Exemptions), Ahmedabad [hereinafter referred to as “CIT(E)”] dated 22/10/2024, rejecting the application for registration under Section 12A of the Income Tax Act, 1961 [hereinafter referred to as “the Act”] and also cancelling the provisional registration granted earlier. Gramya Vikas Pratishthan ... Charitable Trust registered under the Bombay Public Trust Act, 1950, having Registration No. F/214/Gandhinagar, incorporated on 21/07/1972. The trust was granted registration under Sections 12A and 80G of the Act and has been regularly filing its returns of income. Pursuant to the amendments in Section 12A

Shree Rikhavdevji & Kunthunathji Prabhu Jain Swetamber Murtipujak Padhi, Sabarkantha vs. The CIT(Exemption), Ahmedabad

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

ITA 2132/AHD/2024[NA]Status: DisposedITAT Ahmedabad20 Mar 2025

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.2132/Ahd/2024 निर्धारण वर्ष / Assessment Year : - Na Shree Rikhavdevji & Kunthunathji Prabhu Jain Swetamber Murtipujak Padhi Ilol, A Pilol, Himatnagar – 383 001 Sabarkantha (Gujarat) स्थायी लेखा सं./Pan: Aajts 7172 E The Cit (Exemption) बनाम / V/S. Ahmedabad – 380 015 (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) Assessee By : Shri Tej Shah, Ar Revenue By : Shri A.P. Singh, Cit-Dr सुनवाई की तारीख /Date Of Hearing : 19/03/2025 घोषणा की तारीख / Date Of Pronouncement: 20/03/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal Has Been Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Exemption), Ahmedabad [Hereinafter Referred To As “Cit(E)"], Rejecting The Application For Registration Under Section 12Ab Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"] & Cancelling The Provisional Registration Granted Earlier. 2. The Appeal Was Filed With A Delay Of 49 Days. The Assessee Has Submitted An Application For Condonation Of Delay Along With An Affidavit Explaining The Reasons For The Delay. It Has Been Stated That The Impugned Order Was Received Via E-Mail On 29/08/2024, But Due To Inadvertence, The Same Was Not Noticed Immediately As The Accountant Was Not Checking The Email Regularly. The Order Came To The Notice Of The Assessee Only On 12/11/2024, After Which Necessary Legal Advice Was Obtained & The Appeal Was Filed On 19/12/2024. 2.

For Appellant: Shri Tej Shah, ARFor Respondent: Shri A.P. Singh, CIT-DR
Section 10ASection 12ASection 12A(1)(ac)

bonafide. Accordingly, the delay of 49 days in filing the appeal is condoned. 3. The assessee filed an application in Form 10AB for registration under Section 12A(1)(ac)(iii) of the Income Tax Act, 1961. The assessee was earlier granted provisional registration in Form 10AC on 24/09/2021, effective