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21 results for “charitable trust”+ Section 12(1)clear

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Key Topics

Section 12A20Section 1012Exemption12Section 1110Section 11(1)5Section 37(1)5Section 10(20)5Section 2(15)4Section 153C4Addition to Income

ASST. COMMR. OF INCOME TAX, MADRAS vs. THANTHI TRUST

C.A. No.-004406-004410 - 1996Supreme Court31 Jan 2001
For Respondent: THANTHI TRUST ETC. ETC
Section 11Section 148Section 2(15)Section 4(3)(i)

charitable or religious purposes, to the extent to which such income is applied to such purposes in India; Section 11(4) For the purposes of this section property held under trust includes a business undertaking so held, Section 13(1)(bb) Nothing contained in section 11 or section 12

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) vs. AHMEDABAD URBAN DEVELOPMENT AUTHORITY

C.A. No.-021762-021762 - 2017Supreme Court

Showing 1–20 of 21 · Page 1 of 2

4
Charitable Trust3
Penalty2
19 Oct 2022

Bench: HON'BLE THE CHIEF JUSTICE

12 ITR 385 7 charitable institutions which were not held under trust and not to such business as was itself held under trust or was conducted by or on behalf of such charitable or religious institutions as were held under trust. If it was intended to narrow down the scope of clause (1) so as to withdraw the exemption enjoyed

PRAKASH NATH KHANNA vs. COMMNR OF INCOME TAX

Crl.A. No.-001260-001261 - 1997Supreme Court16 Feb 2004
For Respondent: Commissioner of Income Tax and Anr
Section 139(1)Section 139(4)Section 143(3)Section 271(1)(a)Section 276Section 276C

1) or sub-section (2) may, before the assessment is made, furnish the return for any previous year at any time before the end of the period specified in clause (b), and the provisions of sub-section (8) shall apply in every such case. (b)The period referred to in clause (a) shall be- (i)where the return relates

M/S NEW NOBLE EDUCATIONAL SOCIETY vs. THE CHIEF COMMISSIONER OF INCOME TAX 1

The appeals are hereby dismissed, without order on costs

C.A. No.-003795-003795 - 2014Supreme Court19 Oct 2022

Bench: HON'BLE THE CHIEF JUSTICE

Section 10

1 April 1999, significant changes were affected in that section. These were that sub- clauses (iiiab) (iiiac) (iiiad) and (iiiae) were added to Section 10(23C). Furthermore, two sub-clauses namely (vi) and (via) were added. Sub-clause (vi) dealt with education. At the same time, Parliament deleted Section 10 (22) and Section 10 (22A). These amendments, it was highlighted

M/S APEX LABORATORIES P. LTD. vs. THE DEPUTY COMMISSIONER OF INCOME TAX LARGE TAX PAYER UNIT II

The appeal is dismissed without order on costs

C.A. No.-001554-001554 - 2022Supreme Court22 Feb 2022

Bench: HON'BLE THE CHIEF JUSTICE

Section 142(1)Section 37(1)

trust reposed in doctors. Therefore, it is a matter of great public importance and concern, when it is demonstrated that a doctor’s prescription can be manipulated, and driven by the motive to avail the freebies offered to them by pharmaceutical companies, ranging from gifts such as gold coins, fridges and LCD TVs to funding international trips for vacations

M/S. ANANDA SOCIAL AND EDUCATIONAL TRUST vs. THE COMMISSIONER OF INCOME TAX

In the result, we find that there is no reason to

C.A. No.-005437-005438 - 2012Supreme Court19 Feb 2020

Bench: HON'BLE THE CHIEF JUSTICE

Section 12ASection 13

12 do not apply to exclude either whole or any part of the income of such trust or institution due to operation of sub- section (1) of section 13, then, the Principal Commissioner or the Commissioner may by an order in writing cancel the registration of such trust or institution: Provided that the registration shall not be cancelled under this

K.R. PATEL(DEAD) THROUGH LRS. vs. COMMNR. OF INCOME TAX

C.A. No.-005649-005649 - 1990Supreme Court27 Aug 1999
For Respondent: COMMISSIONER OF INCOME TAX
Section 161Section 256(1)

12 Immovable properties mentioned in the will were transferred in October, 1963 and February, 1964. By February, 1964 all the payments as devised by the will were made to respective legatees. On June 19, 1963 an application was filed by the executors and trustees under Section 18 of the Bombay Public Trust Act, 1950 for registration of the public trust

U.P. FOREST CORPORATION vs. DY. COMMNR. OF INCOME TAX

C.A. No.-009432-009432 - 2003Supreme Court27 Nov 2007
For Respondent: DY. COMMISSIONER OF INCOME TAX, LUCKNOW
Section 10Section 10(20)Section 11Section 11(1)Section 12ASection 3Section 3(3)Section 3(31)

1)(a), registration under Section 12A is a condition precedent. Section http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 3 11 provides for exemption of income which is applied for charitable purposes. Section 12 is in the nature of an explanation of Section 11. Section 12A provides that provisions of Sections 11 and 12 shall not apply in relation

M/S QUEEN'S EDUCATIONAL SOCIETY vs. COMMR.OF INCOME TAX

C.A. No.-005167-005167 - 2008Supreme Court16 Mar 2015

Bench: The Uttarakhand High Court, Nainital, May Be Gleaned From The Facts Of One Of Them, Namely, The Queen’S Educational Society Case. The Appellant Filed Its Return For Assessment Years 2000-2001 & 2001-2002 Showing A Net Surplus Of Rs.6,58,862/- & Rs.7,82,632/- Respectively. Since The Appellant Was Established With The Sole 2

Section 10Section 10(22)Section 260A

charitable character of the purpose would not be lost. 9. Coming closer to the section at hand, in Aditanar Educational Institution v. Additional Commissioner of Income Tax, (1997) 224 ITR 310, this Court while construing the predecessor Section, namely, Section 10(22) of the Income Tax act, held: “The High Court has made an observation that any income which

KERALA STATE BEVERAGES MANUFACTURING AND MARKETING CORPORATION LIMITED vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1(1)

Accordingly, the civil appeal filed by the assessee is dismissed

C.A. No.-000011-000011 - 2022Supreme Court03 Jan 2022

Bench: HON'BLE MR. JUSTICE R. SUBHASH REDDY

Section 143(3)Section 263Section 40

12 of the Ceiling Act.” 14.5.  Further, CBDT itself has issued circular in Circular No.3/2018 which is issued, as a measure for reducing litigation, by revision of monetary limits for filing appeals by the Department before the Income­ tax Appellate Tribunal, High Courts and SLP/appeals before this Court. In the said circular it is clearly mentioned that for considering

M/S.RADHA-SAOMI SAT SANG,SAOMI BAGH,AGRA vs. COMMISSIONER OF INCOME TAX

C.A. No.-010574-010583 - 1983Supreme Court15 Nov 1991
For Respondent: COMMISSIONER OF INCOME TAX
Section 11Section 35Section 4(3)Section 66(2)

charitable purpose of the Satsang. [319 E, F] 1.04. The Tribunal was justified in holding that the income derived by the Radhasoami Satsang was entitled to exemption under Sections 11 and 12 of the Income Tax Act, 1961. [321 D] Patel Chhotahhai and Ors. v.Janan Chandra Bask and Ors., AIR 314 1935 Privy Council 97; Acharya Jagdish-Waranand Avadhuta

COMMISSIONER OF INCOME TAX-III vs. SINGHAD TECHNICAL EDUCATION SOCIETY

The appeals are dismissed with the aforesaid observations

C.A. No.-011080-011080 - 2017Supreme Court29 Aug 2017

Bench: HON'BLE MR. JUSTICE A.K. SIKRI

Section 11Section 12ASection 132Section 142Section 153C

charitable or religious purposes (Section 11) and income from contributions are exempt from taxation under certain circumstances. 4) It so happened that a search and seizure operation was carried out under Section 132 of the Act on one Mr. M.N. Navale, President of the 3 assessee Society, and his wife on July 20, 2005 from where certain documents were seized

ASSISTANT COMMNR., INCOME TAX, RAJKOT vs. SAURASHTRA KUTCH STOCK EXCHANGE LTD

C.A. No.-001171-001171 - 2004Supreme Court15 Sept 2008
Section 11Section 12ASection 143Section 154Section 25Section 254

charitable institution’ entitled to exemption under Sections 11 and 12 of the Act from payment of income-tax. The assessee, therefore, made an application on February 10, 1992 for registration under Section 12A of the Act. The Commissioner of Income Tax, Rajkot registered 2 it on July 8, 1996. The assessee filed its return of income on October

THE COMMISSIONER OF INCOME TAX, LUCKNOW. vs. U.P. FOREST CORPORATION

Appeals are allowed

C.A. No.-000180-000182 - 1989Supreme Court02 Mar 1998
For Respondent: U.P. FOREST CORPORATION
Section 10(20)Section 11(1)Section 17Section 256Section 3Section 3(3)Section 3(31)

1) of the Act, we find no such contention was raised by the respondent before the Income-tax Authorities. In order to take advantage of the provisions of Section 11 of the Act, a trust or the institution has to get itself registered. Whether the income of the Institution can be regarded as being held for charitable purposes and whether

PR. COMMISSIONER OF INCOME TAX (EXEMPTIONS) DELHI vs. SERVANTS OF PEOPLE SOCIETY

The appeal is allowed to the above extent

C.A. No.-000614-000614 - 2023Supreme Court31 Jan 2023

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT

Section 10Section 11Section 11(1)Section 12ASection 2(15)

1) but the same has been denied during the A.Y. 2010-11 and 2011-12. The Assessee Officer denied the exemption invoking the proviso to Section 2(15) on the ground that the assessee is involved in trade, commerce or business as it manages and runs a printing press and a newspaper. The assessee argued that it was primarily

MANSAROVAR COMMERCIAL PVT. LTD. vs. COMMISSIONER OF INCOME TAX DELHI

C.A. No.-005769-005769 - 2022Supreme Court10 Apr 2023

Bench: HON'BLE MR. JUSTICE M.R. SHAH

Section 26Section 6(3)

Charitable Trust (iii) interest accrued/paid on the unsecured loans and (iv) provision for income tax (which was disallowed). Separate penalty proceedings were initiated under sections 271(1)(a). 271(1)(c), 273/274 and 271-B of the Act. 2.12 The assessees then preferred appeals before the CIT(A). Subsequently on 08th December, 2000, the writ petitions filed by the assessees

INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION (GWALIOR) M.P. LTD. vs. COMMISSIONER OF INCOME TAX GWALIOR M.P

C.A. No.-006262-006262 - 2010Supreme Court16 Feb 2018

Bench: HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

Section 12Section 12ASection 154Section 2(15)Section 21Section 260

charitable purpose under Section 2(15) of the Act, they were entitled to claim registration as provided under Section 12 (A) of the Act. Since the application for registration was delayed in its filing, the appellant also made an application for condonation of delay in filing the application. 5. By order dated 13.04.1999, the CIT (Gwalior) condoned the delay

COMMISSIONER OF INCOME TAX (EXEMPTIONS) KOLKATA vs. JAGANNATH GUPTA FAMILY TRUST

Appeal is allowed, with directions as indicated

C.A. No.-001381-001381 - 2019Supreme Court01 Feb 2019

Bench: HON'BLE MR. JUSTICE R. SUBHASH REDDY

Section 12ASection 133ASection 80GSection 80G(5)(vi)

charitable purposes, namely, medical relief, education, any other causes of public utility etc. It is stated that the respondent-trust is running an Engineering College. 4. A survey was conducted under Section 133A of the Act, in the premises of School of Human Genetics and Population Health (SHGPH), Kolkata by the Investigation Wing on 27.01.2014. It appears, during the said

COMMISSIONER OF INCOME TAX (TDS), KANPUR vs. CANARA BANK

The appeals are dismissed

C.A. No.-006020-006020 - 2018Supreme Court02 Jul 2018

Bench: HON'BLE MR. JUSTICE A.K. SIKRI

Section 194ASection 3

1)   shall not apply ­ (i).... 5[***] (iii) to such income credited or paid to­ (a)   any   banking   company   to   which   the Banking Regulation Act, 1949 (10 of 1949), applies,   or   any   co­operative   society engaged   in   carrying   on   the   business   of banking   (including   a   co­operative   land mortgage bank), or (b) any financial corporation established by   or   under   a   Central,   State

M/S. D.J. MALPANI vs. COMMISSIONER OF CENTRAL EXCISE, NASHIK

C.A. No.-005282-005282 - 2005Supreme Court09 Apr 2019

Bench: HON'BLE THE CHIEF JUSTICE

Section 11ASection 173QSection 4

1 SCC 496 Page 4 of 18 trust during the period of the show cause notices. 10. The only question that arises for decision is whether the amount included as Dharmada by a manufacturer and credited for charitable purposes is liable to be included in the assessable value of manufactured goods; the seller having merely acted as conduit between