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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

Jains Greens Acres Flat Owners Association, Chennai vs. CIT (Exemptions), Chennai

In the result, the appeal filed by the assessee is dismissed

ITA 861/CHNY/2024[-]Status: DisposedITAT Chennai23 Aug 2024

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.861/Chny/2024 Jains Green Acres Flat Owners Vs. The Commissioner Of Income Association, No. 91, Jains Green Acres, Tax (Exemption), Aayakar Bhavan, - Dargha Road, Zamin Pallavaram, Annexe Building, No. 121, Mahatma Chennai 600 043. Gandhi Road, Nungambakkam, Chennai 600 034. [Pan: Aabtj1803F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Shrenik Chordia, C.A. ""थ" की ओर से/Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई की तारीख/ Date Of Hearing : 14.08.2024 घोषणा की तारीख /Date Of Pronouncement : 23.08.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.01.2024 Passed By The Ld. Commissioner Of Income Tax, (Exemption), Chennai.

For Appellant: Shri Shrenik Chordia, C.AFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 12Section 12(1)(ac)Section 12ASection 12A(1)(ac)

bank interest, interest received on income tax refund and cable operator is bad in law as there was no cancellation of registration under section 12A of the Act. The facts in the above said case are different from the facts on hand. In the present case, the assessee sought ... registration under section 12AB of the Act, whereas, before the Delhi SMC Bench of ITAT, the assessee already obtained registration under section 12A of the Act. The difference between the facts related to the present case, are that, in Delhi SMC Bench of ITAT, the fact dealing the issue

M/S. Auro Lab Trust, Madurai vs. ITO, Madurai

ITA 3074/CHNY/2019[2012-13]Status: DisposedITAT Chennai21 Aug 2024AY 2012-13

Bench: Shri Ss Viswanethra Ravi & Shri Jagadishआयकर अपील सं./Ita Nos.3073, 3074, 3075 & 3076/Chny/2019 निर्धारण वर्ष / Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 M/S. Aurolab Trust, The Income Tax Officer, No.1, Sivaganagai Main Road, Vs. Ward-Ii(4), Veerapanjan, Madurai. Madurai - 625 020. (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Shri K. Ravi, Advocate प्रत्यर्थी की ओर से / Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई की तारीख/Date Of Hearing : 12.08.2024 घोषण की तारीख / Date Of Pronouncement : 21.08.2024 आदेश / Order Per Jagadish, A.M : Aforesaid Four Appeals Filed By The Assessee For Assessment Years (Ays) 2011-12 To 2015-16 Arises Out Of The Common Order Of Learned Commissioner Of Income Tax (Appeals)-2, Madurai [Hereinafter “Cit(A)”] Dated 23.09.2019. 2. The Facts In All The Four Appeals Of The Assessee Are Identical & Common Grounds Have Been Raised In All The Appeals, All The Appeals Are Decided By The Common Order. For Brevity, We Shall Take Up The

For Appellant: Shri K. Ravi, AdvocateFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 11Section 12A

आयकर अपीलीय अधिकरण, 'सी' न्यायपीठ, चेन्नई। IN THE INCOME TAX APPELLATE TRIBUNAL 'C' BENCH: CHENNAI श्री यस यस विश्वनेत्र रवि