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17 results for “charitable trust”+ Section 12A(1)(ab)clear

Sorted by relevance

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Key Topics

Section 12A50Section 12A(1)(ac)17Exemption15Section 80G(5)(iii)12Section 1110Section 80G10Section 1489Charitable Trust7Section 80G(5)

JERMELS ACCADEMY,DARJEELING vs. ITO, WARD 2(2), EXEMP,, SILIGURI

In the result, all the 3 appeals filed by the Assessee are partly

ITA 2748/KOL/2025[2017-2018]Status: DisposedITAT Kolkata26 Feb 2026AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 10Section 11Section 12ASection 12A(1)(ac)Section 12A(1)(ba)Section 12A(2)Section 139Section 144Section 2(15)Section 250

Charitable Trust ITA по. 953/ KOL/ 2015 dated 10.01.2018, wherein it has been held that the assessment proceedings which are pending in appeal before the First Appellate Authority should also be deemed to be assessment proceedings pending before the Assessing Officer within the meaning as envisaged under the first proviso to section 12A and therefore the appellant was entitled

6
Section 1396
Limitation/Time-bar5
Natural Justice4

ONKAR SOCIETY FOR ENGINEERING & TECHNOLOGICAL ,KOLKATA vs. ACIT, CIR. 2, DURGAPUR

In the result, the appeal of the assessee is allowed

ITA 815/KOL/2024[2018-19]Status: DisposedITAT Kolkata26 Aug 2024AY 2018-19

Bench: Shri Sanjay Gargshri Rakesh Mishra

Section 11Section 12ASection 12A(1)(ba)Section 139Section 139(1)Section 139(4)Section 143(3)Section 263

12A.(1) The provisions of section 11 and section 12 shall not apply in relation to the income of any trust or institution unless the following conditions are fulfilled namely:- (a) ------- (aa) ----- [(ab) ……. (b) where the total income of the trust or institution as computed under this Act without giving effect to the provisions of section 11 and section

DREAMLAND EDUCATION SOCIETY,HOOGHLY vs. ACIT, CIR-2, HOOGHLY, HOOGHLY

In the result the appeals of the assessee are allowed for statistical purposes

ITA 489/KOL/2016[2005-2006]Status: DisposedITAT Kolkata10 Aug 2016AY 2005-2006

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A Nos. 489-495/Kol/2016 Assessment Years : 2005-06 To 2011-12

For Appellant: Shri S.K.Tulsiyan, AdvocateFor Respondent: Shri G.Mallikarjuna, CIT(DR)
Section 11Section 12ASection 12A(2)Section 148Section 148(1)Section 249(4)

1) shall be 2 ITA Nos.489-495/Kol/2016 Dreamland Education Society A.Yrs.2005-06 to 2011-12 treated as if such return was a return required to be furnished under Sec 139, as prescribed in sec. 148 itself. 4) That on the facts and in the circumstances of the case, the Ld. CIT(A) acted arbitrarily in not admitting the appeal

OM SHANTI CHARITABLE TRUST,KOLKATA vs. AO WARD NO 1(2), KOLKATA

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

ITA 1532/KOL/2024[2019-20]Status: DisposedITAT Kolkata09 Oct 2024AY 2019-20

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Year : 2019-20

For Appellant: Prakhar Dhoot, AR (online)For Respondent: Susanta Saha, Sr. DR
Section 12ASection 143(1)Section 250

ab) the person in receipt of the income has made an application for registration of the trust or institution, in a case where a trust or an institution has been granted registration under section 12AA or has obtained registration at any time under secti on 12A as it stood before its amendment by the Finance

SUSAMSKAR FOUNDATION ,KOLKATA vs. CIT(EXEMPTION), KOLKATA, KOLKATA

In the result, the appeals of the assessees are allowed for statistical purposes

ITA 1113/KOL/2023[1113]Status: DisposedITAT Kolkata06 Mar 2024

Bench: Dr. Manish Borad & Sonjoy Sarma

Section 12ASection 12A(1)(ac)

charitable Trust registered u/s 12AA of the Act vide order u/s 12AA(1)(b)(i) of the Act effective from 01.05.2018 (AY 2018-19). Subsequent to the amendments brought in the Act by Finance Bill, 2020, there was a requirement of provisional registration as well as final registration for new as well as existing Institutions/Trusts. The assessee has been granted

AMIGOS PRASASTH PATH SOCIAL WELFARE SOCIETY,KOLKATA vs. CIT(EXEMPTION),, KOLKATA

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

ITA 1501/KOL/2025[---]Status: DisposedITAT Kolkata27 Oct 2025

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1500 & 1501/Kol/2025 Amigos Prasasth Path Social Welfare Society.……….……….……….……Appellant 1 Ram Krishna Bagchi Lane, Beadon Street, Battala, Kol- 700006.. [Pan: Aajta7599P] Vs. Cit (Exemption), Kolkata………………………………….....……...…..…..Respondent Appearances By: Shri Giridhar Dhelia, Advocate, Appeared On Behalf Of The Appellant. Shri Raja Sengupta, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 08, 2025 Date Of Pronouncing The Order : October 27, 2025 Order Per Pradip Kumar Choubey: Both The Present Appeals Have Been Preferred By The Assessee Against Separate Orders Both Dated 28.06.2025 Of The Commissioner Of Income Tax (Exemption), Kolkata [Hereinafter Referred To As ‘Cit(E)’] Rejecting The Separate Applications Filed In Form 10Ab For Final Approval As Per The Provisions Of Sections 12A(1)(Ac)(Iii) & 80G(5)(Iii) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since Both The Appeals Relate To The Same Assessee & Arise From The Final Registration U/S 12A Of The Act Which Is Compulsory For Getting Subsequent Registration U/S 80G Of The Act Which Are Interconnected In Both The Appeals & Therefore, These Appeals Were Heard Together & We Are Going To Dispose Of These Appeals By Passing A Consolidated Order. Ita No.1500/Kol/2025 Is Taken As Lead Case For Narration Of Facts.

Section 12ASection 12A(1)(ac)Section 80G

sections 12A(1)(ac)(iii) & 80G(5)(iii) of the Income Tax Act (hereinafter referred to as the ‘Act’) respectively. Since both the appeals relate to the same assessee and arise from the final registration u/s 12A of the Act which is compulsory for getting subsequent registration u/s 80G of the Act which are interconnected in both the appeals

AMIGOS PRASASTH PATH SOCIAL WELFARE SOCIETY,KOLKATA vs. CIT (EXEMPTION),, KOLKATA

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

ITA 1500/KOL/2025[----]Status: DisposedITAT Kolkata27 Oct 2025

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1500 & 1501/Kol/2025 Amigos Prasasth Path Social Welfare Society.……….……….……….……Appellant 1 Ram Krishna Bagchi Lane, Beadon Street, Battala, Kol- 700006.. [Pan: Aajta7599P] Vs. Cit (Exemption), Kolkata………………………………….....……...…..…..Respondent Appearances By: Shri Giridhar Dhelia, Advocate, Appeared On Behalf Of The Appellant. Shri Raja Sengupta, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 08, 2025 Date Of Pronouncing The Order : October 27, 2025 Order Per Pradip Kumar Choubey: Both The Present Appeals Have Been Preferred By The Assessee Against Separate Orders Both Dated 28.06.2025 Of The Commissioner Of Income Tax (Exemption), Kolkata [Hereinafter Referred To As ‘Cit(E)’] Rejecting The Separate Applications Filed In Form 10Ab For Final Approval As Per The Provisions Of Sections 12A(1)(Ac)(Iii) & 80G(5)(Iii) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since Both The Appeals Relate To The Same Assessee & Arise From The Final Registration U/S 12A Of The Act Which Is Compulsory For Getting Subsequent Registration U/S 80G Of The Act Which Are Interconnected In Both The Appeals & Therefore, These Appeals Were Heard Together & We Are Going To Dispose Of These Appeals By Passing A Consolidated Order. Ita No.1500/Kol/2025 Is Taken As Lead Case For Narration Of Facts.

Section 12ASection 12A(1)(ac)Section 80G

sections 12A(1)(ac)(iii) & 80G(5)(iii) of the Income Tax Act (hereinafter referred to as the ‘Act’) respectively. Since both the appeals relate to the same assessee and arise from the final registration u/s 12A of the Act which is compulsory for getting subsequent registration u/s 80G of the Act which are interconnected in both the appeals

NITDAA FOUNDATION,KOLKATA vs. CIT(E), KOLKATA

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

ITA 667/KOL/2024[00]Status: DisposedITAT Kolkata20 Aug 2024

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishranitdaa Foundation, Commissioner Of Income Fe 261, Sector-Iii, Salt Lake, Tax (Exemption), Kolkata, Vs West Bengal -700106 10B, Middleton Row, (Pan: Aadtn2308K) West Bengal - 700071 (Appellant) (Respondent)

For Appellant: S. Banerjee, A.RFor Respondent: Amitava Sen, Addl. CIT-DR
Section 12A(1)(ac)Section 80GSection 80G(5)Section 80G(5)(iii)Section 80G(5)(iv)

Trust along with annexures on 24.5.23. 2. That the C.I.T.(E) was not justified in not considering the application for registration in Form No.10AB under section 12A(1)(ac) (iii) of the I. T. Act 1961 along with Annexures submitted along with Form 10 AB on 6.5.2022. 3. That the C.I.T.(E) was not justified in rejecting the present application

SINDHU CHARITABLE TRUST,KOLKATA vs. CIT (EXEMPTION), , KOLKATA

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

ITA 420/KOL/2025[2025-26]Status: DisposedITAT Kolkata23 Jul 2025AY 2025-26

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 12ASection 2(31)(iv)Section 80GSection 80G(5)(iii)Section 80G(5)(vi)

Charitable Trust and therefore an Association of Persons within the meaning of section 2(31)(iv) of the Income Tax Act ('Act' in brief) was granted a Provisional Registration under Sub-Clause(i) of Clause (ac) of sub section (1) of section 12A of the Act by Ld Principal Commissioner of Income Tax [Exemption], Kolkata ('PCIT-E) in brief valid

RAJBALHAT CULTURAL CIRCLE,KOLKATA vs. CIT(E), KOLKATA

The appeals of the assessee are treated as allowed for statistical purposes

ITA 26/KOL/2024[00]Status: DisposedITAT Kolkata13 May 2024

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. Nos.25 & 26/Kol/2024 Rajbalhat Cultural Circle.……..…………............…...……………....Appellant At & Post Rajbalhat, District-Hooghly, Pin-712408. [Pan: Aabar5785R] Vs. Cit(Exemptions), Kolkata……...............................................…..…..... Respondent Appearances By: Shri P. K. Ray, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 12, 2024 Date Of Pronouncing The Order : May 13, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Dated 30.11.2023 & 20.12.2023 Of The Commissioner Of Income Tax (Exemption), Kolkata [Hereinafter Referred To As ‘Cit(Exemption)’] Respectively. Ita No.25/Kol/2024 Is Against The Rejection Of Application For Registration U/S 12Aa(1)(Ac)(Iii) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) & Ita No.26/Kol/2024 Is Against The Rejection Of The Application Of The Assessee For Final Approval As Per The Provisions Of Section 80G(5)(Iii) Of The Act. 2. Ita No.25/Kol/2024 - The Ld. Cit(Exemptions) Has Rejected The Application Holding The Same To Be Prima Facie Not Maintainable Being Premature. The Ld. Cit(Exemptions) Observed That The Assessee Earlier

Section 11Section 12Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)Section 80G(5)(iii)

ab), the person in receipt of the income has made an application in the prescribed form and manner to the Principal Commissioner or Commissioner, for registration of the trust or institution, - (iii) where the trust or institution has been provisionally registered under section 12AB, at least six months prior to expiry of period of the provisional registration or within

MALLARPUR NAISUVA,BIRBHUM vs. CIT(E), KOLKATA. , KOLKATA

The appeal of the assessee is allowed accordingly and the ld

ITA 165/KOL/2024[N/A]Status: DisposedITAT Kolkata23 Apr 2024

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. Nos.164&165/Kol/2024 Mallarpur Naisuva……………..…….…................…...……………....Appellant Mallarpur, Birbhum, W.B-731216. [Pan: Aabtm6211E] Vs. Cit(Exemptions), Kolkata.....…..........................................…..…..... Respondent Appearances By: Shri P. K. Ray, Ar & Daud Ahmed Buksh, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 09, 2024 Date Of Pronouncing The Order : April 23, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Both Dated 09.01.2024 Of The Commissioner Of Income Tax (Exemption), Kolkata [Hereinafter Referred To As ‘Cit(Exemption)’]. Ita No.164/Kol/2024 Is Against The Rejection Of Application For Registration U/S 12Aa(1)(Ac)(Iii) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) & Ita No.165/Kol/2024 Is Against The Rejection Of The Application Of The Assessee For Final Approval As Per The Provisions Of Section 80G(5)(Iii) Of The Act. 2. Ita No.164/Kol/2024 - The Ld. Cit(Exemptions) Has Rejected The Application Holding The Same To Be Prima Facie Not Maintainable Being Premature. The Ld. Cit(Exemptions) Observed That The Assessee Earlier

Section 11Section 12Section 12ASection 12A(1)(ac)Section 80GSection 80G(5)Section 80G(5)(iii)

ab), the person in receipt of the income has made an application in the prescribed form and manner to the Principal Commissioner or Commissioner, for registration of the trust or institution, - (iii) where the trust or institution has been provisionally registered under section 12AB, at least six months prior to expiry of period of the provisional registration or within

L DEY ROAD SARADA SOCIETY PURULIA. ,PURULIA vs. CIT(EXEMPTIONS), KOLKATA. , KOLKATA

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

ITA 918/KOL/2023[00]Status: DisposedITAT Kolkata21 Jun 2024

Bench: Dr. Manish Borad, Hon’Ble & Shri Sanjay Garg, Hon’Blei.T.A. No. 918/Kol/2023 L Dey Road Sarada Society Purulia Commissioner Of Income Tax At. Dulmi Nadiha Vs (Exemptions), Kolkata Dulminadiha, S.O. Dulmi (P) Purulia - 723102 [Pan : Aaaal7474L] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri P.K. Ray, A/R & Daud Ahmed Buksh Revenue By : Shri Abhijit Kundu, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 09/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/06/2024 आदेश/O R D E R Per Dr. Manish Borad: This Appeal Is Directed At The Instance Of The Assessee Against The Order Dt. 05/07/2023, Of The Learned Commissioner Of Income Tax (Exemptions), (Hereinafter The “Ld. Cit(E)”). 2. The Sole Grievance Of The Assessee Is Against The Action Of The Ld. Cit(E) In Rejecting The Application Of The Assessee For Permanent Registration U/S 12Ab Of The Act By Merely Mentioning That “The Assessee Is Treated As Non-Maintainable”, Solely On The Ground That It Is Pre-Mature As The Provisional Registration U/S 10Ac Is Still Valid. 3. At The Outset, The Ld. Counsel For The Assessee Submitted That It Has Been Consistently Held By This Tribunal That For The Assessees Who Have Already Commenced The Charitable Activities Prior To The Amendment Brought In The Act For Applying Provisional/Final Registration, The Assessee Should Not Be Denied To File The Application For Final Registration Merely On The Ground That He Has Been Given Provisional Registration.

For Appellant: Shri P.K. Ray, A/R and Daud Ahmed BukshFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 10ASection 11Section 12Section 12ASection 12A(1)(ac)

charitable activities carried out during last many years. 4.1. The assessee applied for provisional registration on Form 10AC and was granted provisions registration on 28/05/2021 for the period 28/05/2021 to Assessment Year 2024-25. Subsequently, the assessee filed Form 10AB for final registration on 24/09/2022 enclosing all the relevant details including copy of registration certification and audit reports of three

PRANAB KANYA SANGHA,NORTH TWNETY FOUR PARGANAS vs. CIT (EXEMPTION), , KOLKATA

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

ITA 704/KOL/2025[2025-26]Status: DisposedITAT Kolkata07 Oct 2025AY 2025-26

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2025-26 Pranab Kanya Sangha………….……………………….……….……….……Appellant Barasat-I, Hridaypur, West Bengal-700127.. [Pan: Aaatp4743M] Vs. Cit(Exemption), Kolkata………………………………….....……...…..…..Respondent Appearances By: Shri Ashok Mukherjee, Ar, Appeared On Behalf Of The Appellant. Shri Sanat Kr. Raha, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 17, 2025 Date Of Pronouncing The Order : October 07, 2025 Order Per Pradip Kumar Choubey: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 30.08.2024 Of The Commissioner Of Income Tax (Exemption), Kolkata [Hereinafter Referred To As ‘Cit(E)’] Rejecting The Application Filed In Form 10Ab For Final Approval As Per The Provisions Of Section 80G(5)(Iii) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

Section 12ASection 80GSection 80G(5)Section 80G(5)(iii)Section 80G(5)(iv)

AB is a procedural in nature and not mandatory. We find reliance on the decision of the Coordinate Bench of the Tribunal passed in ITA No.1476/Kol/2025 in the case of Shri Sanatan Dharma Panchayat High School Mandawa vs. CIT (Exemption), Kolkata decided on 12.09.2025, wherein it has been held as under: “5. Upon hearing the submissions of the counsels

SHREE AUTOMOTIVE PRIVATE LTD.,KOLKATA vs. DCIT, CIR-10. , KOLKATA

In the result, appeal of the assessee for AY 2012-13 is allowed and appeal for AY 2013-14 is partly allowed

ITA 183/KOL/2023[2013-14]Status: DisposedITAT Kolkata25 Jul 2023AY 2013-14

Bench: Shri Sanjay Garg & Shri Girish Agrawal

For Appellant: Shri S. K. Tulsiyan, Advocate&Ms. PujaFor Respondent: Shri P. P. Barman, Addl. CIT, Sr. DR
Section 143(3)Section 250Section 40A(2)Section 68

ab initio void and null in law, the disallowance of interest of Rs.66,88,007/- paid to the loan creditors subject to TDS on the said genuine unsecured loan is completely unfounded, unjustified and untenable in law. 5. That, the Ld. CIT(A) further erred on facts and in law in having upheld the addition of Rs.4

SHREE AUTOMOTIVE PRIVATE LTD. ,KOLKATA vs. DCIT, KOLKATA

In the result, appeal of the assessee for AY 2012-13 is allowed and appeal for AY 2013-14 is partly allowed

ITA 182/KOL/2023[2012-13]Status: DisposedITAT Kolkata25 Jul 2023AY 2012-13

Bench: Shri Sanjay Garg & Shri Girish Agrawal

For Appellant: Shri S. K. Tulsiyan, Advocate&Ms. PujaFor Respondent: Shri P. P. Barman, Addl. CIT, Sr. DR
Section 143(3)Section 250Section 40A(2)Section 68

ab initio void and null in law, the disallowance of interest of Rs.66,88,007/- paid to the loan creditors subject to TDS on the said genuine unsecured loan is completely unfounded, unjustified and untenable in law. 5. That, the Ld. CIT(A) further erred on facts and in law in having upheld the addition of Rs.4

SRI SRI RAMAKRISHNA ASHRAMA AHMADPUR,AHMADPUR vs. THE LD. COMMISSIONER OF INCOME TAX (EXEMPTIONS), KOLKATA, CIT(E), KOLKATA

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 2858/KOL/2025[2025-26]Status: DisposedITAT Kolkata25 Feb 2026AY 2025-26

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 12ASection 80GSection 80G(5)(ii)Section 80G(5)(iii)

1. That the order passed by the Ld. Commissioner of Income Tax (Exemption), Kolkata (hereinafter referred to as Ld. CIT(E)] under section 80G(5)(iii) of the Income Tax Act, 1961, dated 28.08.2025, rejecting the application for approval in Form No. 10AB, is arbitrary, illegal, perverse, and bad in law. 2. That the Ld. CIT(E) erred

SHREE SHREE MOHANANANDA SAMAJ SEVA SAMITY,KOLKATA vs. ITO(EXEMPTION)-WARD 1(3), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1140/KOL/2017[2009-10]Status: DisposedITAT Kolkata01 Oct 2019AY 2009-10

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara)

Section 11(2)Section 11(3)Section 12ASection 139Section 143(1)Section 147Section 148Section 250(6)

12A of the I.T. Act, 1961 vide no. S-37/W.B.VII of 1979-80 dated 27.02.1980. The main activities of the trust was to establish, hold, maintain, manage, develop, contribute to and support public religious and charitable institution, centers, homes, temples and other institutions for the promotion and advancement of religious and charity and for spiritual Welfare of all mankind