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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

Kaumara Madalayam, Coimbatore vs. Deputy Commissioner of Income Tax (Exemptions), Coimbatore

In the result, the appeal of the assessee is allowed

ITA 680/CHNY/2024[2015-16]Status: DisposedITAT Chennai30 Aug 2024AY 2015-16

Bench: Shri Mahavir Singh & Shri S.R. Raghunathaआयकर अपील सं./Ita No.680/Chny/2024 िनधा:रण वष: /Assessment Year: 2015-16 Kaumara Madalayam, The Dy. Commissioner Of Income Chinnavedampatti Post, Vs. Tax (Exemptions), Coimbatore – 641 049. Coimbatore. [Pan: Aabtk 6034B]. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथG की ओर से/ Assessee By : Shri N.V. Krishnan, Advocate IjथG की ओर से /Revenue By : Shri N. Sanjay Gandhi, Jcit सुनवाई की तारीख/Date Of Hearing : 13.06.2024 घोषणा की तारीख /Date Of Pronouncement : 30.08.2024 आदेश / O R D E R Per S.R. Raghunatha, A.M : This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), [Nfac], Delhi [Hereinafter Cit(A)] In Din & Order No.Itba/Nfac/S/250/2023-24/1059915043(1), Dated 19.01.2024. The Assessment Was Framed By The Dy. Commissioner Of Income Tax (Exemptions), Coimbatore For The Assessment Year 2015-16 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Vide Order Dated 12.12.2017. :- 2 -: 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri N.V. Krishnan, AdvocateFor Respondent: Shri N. Sanjay Gandhi, JCIT
Section 10Section 11Section 12ASection 143(3)Section 6(18)

आयकर अपीलीय अिधकरण, ‘बी’ "ायपीठ, चे"ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH: CHENNAI "ी महावीर िसंह, उपा ! एवं

Assistant Commissioner of Income Tax, Cirle-1, (Exemptions), Bengaluru vs. Bangalore Development Authority, Bengaluru

In the result, the appeal is partly allowed for statistical purposes

ITA 208/BANG/2024[2008-09]Status: DisposedITAT Bangalore30 Aug 2024AY 2008-09

Bench: Shri Soundararajan K.Assistant Commissioner Of Bangalore Development Authority, Income Tax, Circle-1, T. Chowdaiah Road, Kumarapark (Exemptions), Bengaluru Vs. West, Seshadripuram S.O., Bangalore North, Bangalore-560020 Pan – Aaalb0060D (Appellant) (Respondent) Assessee By: Sri. T. Srinivasa, Ca Revenue By: Sri. D.K. Mishra, Cit Dr Date Of Hearing: 06.08.2024 Date Of Pronouncement: 30.08.2024 O R D E R Per: Soundararajan K., J.M. This Is An Appeal Filed By The Revenue Challenging The Order Of The Nfac, Delhi Dated 8.12.2023 In Respect Of The Assessment Year 2008-09. 2. Brief Facts Of The Case Are That The Assessee Is A Statutory Body Under The Government Of Karnataka & They Are Regular In Filing Their Return Of Income. The Assessee Also Got Registration Under Section 12Aa Of The Act W.E.F. 1.04.2003. During The Assessment Year 2008-09, The Assessee Filed Their Original Return Of Income On 25.09.2008 & Claimed Exemption Under Section 11 & 12 Of The Act. The Assessee Also Filed The Audit Report Alongwith The Return Of Income. The Return Was Processed & The Ao Accepted The Same. Thereafter, The Case Was Selected For Scrutiny Under Cass & Notice Was Issued On Various Dates & The Assessee Also Appeared & Filed Their

For Appellant: Sri. T. Srinivasa, CAFor Respondent: Sri. D.K. Mishra, CIT DR
Section 11Section 12ASection 147

IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU “A” BENCH, BENGALURU SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND BEFORE SHRI SOUNDARARAJAN K