Section 12A(1)(ac)(iii) of the Income Tax Act

Income-tax Act, 2025: ss.332–355

Section 12A(1)(ac)(iii) falls under section 12A of the Income-tax Act, 1961, which corresponds to sections 332 to 355 of the Income-tax Act, 2025, the provisions on registered non-profit organisations.

Read the 2025 provisions

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 12A(1)(ac)(iii) is Sree Meenakshi Mills Ltd. v. Commissioner of Income Tax (31 ITR 28), cited in 137 of the 1,616 judgments on BharatTax that turn on this section.

Leading authorities on Section 12A(1)(ac)(iii)

Sree Meenakshi Mills Ltd. v. Commissioner of Income Tax
31 ITR 28 · 1957 · Supreme Court
137
citing judgments

Expenditure incurred for commercial expediency, even without a direct or immediate benefit but indirectly facilitating business, is deductible as laid out wholly and exclusively for trade. The scope of reference jurisdiction under Section 66 is limited to questions of law, allowing challenges to Tribunal findings of fact only if they are perverse, unreasonable, or lack evidence.

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.

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. 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.

Trustees of Shri Kot Hindu Stree Mandal v. CIT
209 ITR 396 · 1994 · High Court
80
citing judgments

Membership fees and subscription amounts received by a trust or society from its members are not considered 'voluntary contributions' under Section 12 of the Income-tax Act, as they are not gratuitous payments or gifts but are made with consideration.

Udhavdas Kewalram v. CIT
66 ITR 462 · 1967 · Supreme Court
59
citing judgments

The Income-tax Appellate Tribunal performs a judicial function under the Indian Income-tax Act, invested with authority to finally determine all questions of fact. When deciding an appeal, the Tribunal must consider all material facts with due care, record findings on all contentions, and maintain a judicial balance between the revenue and taxpayer claims. The power to condone delay by enacting section 5 of the Limitation Act of 1963 enables courts, including the Tribunal, to do substantial justice, with "sufficient cause" being an elastic expression.

CIT v. Dawoodi Bohara Jamat
43 Taxmann.com 243 · 2014 · Supreme Court
57
citing judgments

Section 13(1)(b) of the Income-tax Act applies to composite trusts that engage in both religious and charitable activities, meaning such trusts may be excluded from exemption under Section 11.

Ahmedabad Rana Caste Association v. CIT
82 ITR 704 · 1971 · Supreme Court
51
citing judgments

An intention to benefit a section of the public, as distinguished from a special individual, is sufficient for a trust to be considered for charitable registration and exemptions. This applies even if the beneficiaries belong to a specific caste, community, or professional group, allowing the trust to qualify as serving a general public utility under Section 2(15).

Shree Swaminarayan Gadi Trust v. CIT
162 Taxmann.com 772 · 2024 · Reported
44
citing judgments

Where a trust application has a curable defect, the assessee should be allowed an opportunity to explain and rectify the defect before the CIT (Exemption). The appellate tribunal may allow the appeal and direct the CIT to reconsider the application.

Ram Nath Sahu & Others v. Gobardhan Sao and Others
3 SCC 195 · 2002 · Reported
43
citing judgments

The expression "sufficient cause" for condonation of delay under Section 5 of the Limitation Act or similar provisions must receive a liberal construction to advance substantial justice. Courts should avoid a pedantic or hyper-technical approach, generally accepting explanations unless negligence, inaction, or lack of bona fides is evident.

Judgments on Section 12A(1)(ac)(iii)

B S Rai Education Trust, Mumbai vs. CIT (Exemptions), Mumbai

In the result, the Assessee’s appeal is allowed for statistical purposes in the above terms

ITA 3516/MUM/2025[2025-26]Status: DisposedITAT Mumbai30 Sept 2025AY 2025-26

Bench: Shri Om Prakash Kant & Shri Narender Kumar Choudhryassessment Years: 2025-26 & Assessment Years: 2025-26 M/S. Bs Rai Education Trust, Cit (Exemptions), 201, Neera Govind, Room No.601, 6Th Floor, Govind Nagar, Cumballa Hill Mtnl Te S.N. Road, Building, Vs. Mumbai – 400 080 Pedder Road, Pan: Aabtb6348K Dr. Gopalrao Deshmukh Marg, Cumballa Hill, Mumbai – 400 026 (Appellant) (Respondent) Present For: Assessee By : Shri Ganesh Kevat, Ld. A.R. Revenue By : Shri Satyaprakash R. Singh, Ld. D.R. Date Of Hearing : 04.09.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per : Narender Kumar Choudhry: These Appeals Have Been Preferred By The Assessee Against The Orders Even Dated 21.03.2025, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Exemptions) (In Short Ld. Commissioner) U/S 80G Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2025-26. 2. Both The Appeals Are Interconnected & Having Involved Almost Identical Issues & Therefore For The Sake Of Brevity The Same Were Heard Together & Are Being Disposed Of By This M/S. Bs Rai Education Trust Composite Order By Taking Into Consideration The Facts & Circumstances & Issue Involved In Ita No.3497/M/2025 As A Lead Case & Result Of The Same Would Be Applicable Mutatis Mutandis To Both The Appeals Under Consideration.

For Appellant: Shri Ganesh Kevat, Ld. A.RFor Respondent: Shri Satyaprakash R. Singh, Ld. D.R
Section 12(1)(ac)Section 12ASection 12A(1)(ac)Section 80G

B S Rai Education Trust, Mumbai vs. CIT (Exemptions), Mumbai

In the result, the Assessee’s appeal is allowed for statistical purposes in the above terms

ITA 3497/MUM/2025[2025-26]Status: DisposedITAT Mumbai30 Sept 2025AY 2025-26

Bench: Shri Om Prakash Kant & Shri Narender Kumar Choudhryassessment Years: 2025-26 & Assessment Years: 2025-26 M/S. Bs Rai Education Trust, Cit (Exemptions), 201, Neera Govind, Room No.601, 6Th Floor, Govind Nagar, Cumballa Hill Mtnl Te S.N. Road, Building, Vs. Mumbai – 400 080 Pedder Road, Pan: Aabtb6348K Dr. Gopalrao Deshmukh Marg, Cumballa Hill, Mumbai – 400 026 (Appellant) (Respondent) Present For: Assessee By : Shri Ganesh Kevat, Ld. A.R. Revenue By : Shri Satyaprakash R. Singh, Ld. D.R. Date Of Hearing : 04.09.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per : Narender Kumar Choudhry: These Appeals Have Been Preferred By The Assessee Against The Orders Even Dated 21.03.2025, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Exemptions) (In Short Ld. Commissioner) U/S 80G Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2025-26. 2. Both The Appeals Are Interconnected & Having Involved Almost Identical Issues & Therefore For The Sake Of Brevity The Same Were Heard Together & Are Being Disposed Of By This M/S. Bs Rai Education Trust Composite Order By Taking Into Consideration The Facts & Circumstances & Issue Involved In Ita No.3497/M/2025 As A Lead Case & Result Of The Same Would Be Applicable Mutatis Mutandis To Both The Appeals Under Consideration.

For Appellant: Shri Ganesh Kevat, Ld. A.RFor Respondent: Shri Satyaprakash R. Singh, Ld. D.R
Section 12(1)(ac)Section 12ASection 12A(1)(ac)Section 80G

M/S Shri Radhe Shyam Shri Krishan Education Samiti, Shahjahanpur vs. CIT Exemption, Lucknow

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

ITA 389/LKW/2024[00]Status: DisposedITAT Lucknow26 Sept 2025

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. M/S Shri Radhe Shyam Shri Krishan Vs. Shri. Jeotsnaa Johri, Cit Education Samiti, Vill. Post Kalan, Exemption, Income Tax Jalalabad, Distt. Shahjahanpur- Department, Lucknow, U.P. 242001 (Uttar Pradesh) Pan: Aaras7463D (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Adv Revenue By: Sh. Neeraj Kumar, Cit Dr Date Of Hearing: 02.09.2025 Date Of Pronouncement: 26.09.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit (Exemption), Lucknow Denying The Registration Of The Assessee Under Section 12A(1)(Ac)(Iii) Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:- “1. The Learned Commissioner Of Income Tax (Exemptions) Lucknow Has Erred In Rejecting The Grant Of Registration U/S 12A Of The Income Tax Act, 1961 To The Assessee With Total Disregard To The Facts & Circumstances Of The Case. 2. The Assessee Reserves Its Right To Add, Amend, Alter Or Delete Any Ground Of Appeal At The Time Of Hearing Of Appeal.” 2. At The Very Outset, It Is Seen That The Appeal Is Delayed By 533 Days’. A Condonation Petition Has Been Filed By The Assessee In Which It Was Submitted That The Notices Were Sent To The Email Id Of The Assessee’S Former Tax Advisor Sh. Prabhjot Singh, Who Had Not Checked His Emails & Did Not Inform The Assessee Regarding The Receipt Of Notices. Furthermore, Even After Informing The Assessee, The Said Practitioner Was Of The View That The Said Order Was Rectifiable & Would Be Recalled. It Was Only After The Assessee Changed Its Tax Advisor That It Was Advised

For Appellant: Sh. Rakesh Garg, AdvFor Respondent: Sh. Neeraj Kumar, CIT DR
Section 12ASection 12A(1)(ac)