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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

Rakesh Law Foundation, Chennai vs. CIT(Exemption) Chennai, Chennai

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

ITA 2938/CHNY/2024[-]Status: DisposedITAT Chennai23 Jan 2025

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.2938/Chny/2024 Rakesh Law Foundation, Vs. The Commissioner Of Income Tax No. 51/11, 7Th Avenue, Soundariya [Exemptions], Colony, Anna Nagar West Extn., Chennai. Chennai 600 101. [Pan:Aaetr6528A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri B. Ramakrishnan, F.C.A. ""थ" की ओर से/Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई की तारीख/ Date Of Hearing : 22.01.2025 घोषणा की तारीख /Date Of Pronouncement : 23.01.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15.06.2023 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai In Rejecting The Application Filed In Form 10Ab Under Section 12(1)(Ac)(Iii) Seeking Registration Under Section 12Ab Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri B. Ramakrishnan, F.C.AFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 12(1)(ac)Section 12A

आयकर अपीलीय अिधकरण, ’सी’ "ायपीठ, चे"ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI "ी एस.एस. िव"ने

Shree Sharda Sarvajanik Seva Mandal, Ahmedabad vs. The CIT(Exemption), Ahmedabad

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

ITA 1994/AHD/2024[NA]Status: DisposedITAT Ahmedabad22 Jan 2025

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1994/Ahd/2024 िनधा"रण वष" /Assessment Year : - Shree Sharda Sarvajanik Seva The Cit (Exemption) बनाम/ Mandal Ahmedabad V/S. 12, Mansarovar Complex Juna Vadaj, Ahmedabad – 380 013 "थायी लेखा सं./Pan: Aacts 3569 C (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Alpesh Shah, Ca Revenue By : Shri R.N. Dsouza, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 20/01/2025 घोषणा की तारीख /Date Of Pronouncement: 22 /01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Alpesh Shah, CAFor Respondent: Shri R.N. Dsouza, CIT-DR
Section 12ASection 12A(1)(ac)

charitable trust registered under the Bombay Public Trust Act, 1950, with Registration No. F/111/Gandhinagar, dated 26.09.1989. The trust has been granted registration under sections 12A and 80G of the Income Tax Act, 1961 and has been regularly filing its income tax returns. The assessee filed an application in Form 10AB ... fresh registration under section 12A(1)(ac)(iii) of the Act. The CIT(E) issued a notice dated 03.07.2024 and 06.08.2024, seeking specific details. The assessee responded to the said notices on 20.08.2024 by furnishing the information, along with supporting documents such as the trust deed, audited financial statements, Form