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)

Chamber of Industrial and Commercial Undertakings, Ludhiana vs. Commissioner of Income Tax, Exemptions, Chandigarh

ITA 371/ASR/2024[2025-26]Status: DisposedITAT Amritsar10 Jun 2025AY 2025-26

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm आयकरअपील सं. / Ita No. 371/Asr/2024 Chamber Of Industrial & Cit (Exemptions) बनाम/ Commercial Undertakings Chandigarh C/O Shri Tejmohan Singh (Advocate) Vs. # 527, Sector 10-D Chandigarh 160011 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaatc-3924-H (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Shri Tejmohan Singh (Advocate) – Ld.Ar ""थ"कीओरसे/Respondent By : Smt. Vandana Vijay Mohite (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 24-04-2025 घोषणाकीतारीख /Date Of Pronouncement : 10-06-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aggrieved By Rejection Of Registration Application As Filed By The Assessee Seeking Registration U/S 12A(1)(Ac)(Iii) Vide Impugned Order Dated 05-06-2024 Of Ld. Cit(Exemptions), Chandigarh [Cit(E)], The Assessee Is In Further Appeal Before Us. The Ld. Ar Advanced Arguments On The Strength Of Various Documents As Placed On Record. It Has Been Stated That The Amended Objects Have Not, At All, Been Considered By Ld. Cit(E). The Ld. Cit-Dr Also Advanced Arguments In Support Of Rejection Of Impugned Registration. Having Heard Rival Submissions & Upon Perusal Of Case Records Including The Papers As Kept Before Us, The Appeal Is Disposed-Off As Under.

For Appellant: Shri Tejmohan Singh (Advocate) – Ld.ARFor Respondent: Smt. Vandana Vijay Mohite (CIT) – Ld. DR
Section 12A(1)(ac)Section 2(15)

Shri Shenalma Gaushala Trust, Banaskantha vs. The CIT(Exemption), Ahmedabad

Appeals are allowed for statistical

ITA 95/AHD/2025[NA]Status: DisposedITAT Ahmedabad10 Jun 2025

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.94 & 95/Ahd/2025 निर्धारण वर्ष / Assessment Year : Na Shri Shenalma Gaushala Trust Motamesara, Banaskantha, Gujarat - 385565 स्थायी लेखा सं./Pan: Aasts9381C अपीलार्थी/ (Appellant) Assessee By: Revenue By : The Commissioner Of Income Tharad, बनाम / Tax (Exemption) V/S. Ahmedabad प्रत्यर्थी/ (Respondent) Shri Samir Vora, Ar Shri Durga Dutt, Cit.Dr सुनवाई की तारीख/Date Of Hearing : 05/06/2025 घोषणा की तारीख / Date Of Pronouncement: 10/06/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: These Two Appeals By The Assessee Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Exemption), Ahmedabad [Hereinafter Referred To As “Cit(Exemption)"] Rejecting The Applications For Registration Under Section 12A(1)(Ac)(Iii) & For Approval Under Section 80G(5)(Iii) Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act"] & Cancelling The Provisional Approvals Earlier Granted. Since Common Facts & Grounds Are Involved, Both Appeals Are Heard Together & Disposed Of By This Consolidated Order. Condonation Of Delay 2. The Registry Noted Delay In Filing Both The Appeals Before Us. The Appeals Are Accompanied By Applications Under Section 253(5) Of The Act Seeking Condonation Of Delay. Details Of Such Delay Are As Follows - Appeal Order Appealed Against Date Order Of Cit(E) Date Of Appeal Due Date For Appeal Date Of Filing Before Us Delay (Days) Delay Noted By Registry

For Appellant: Revenue byFor Respondent: The Commissioner of Income
Section 12A(1)(ac)Section 253(5)Section 80G(5)(iii)

Shri Shenalma Gaushala Trust, Banaskantha vs. The CIT(Exemption), Ahmedabad

Appeals are allowed for statistical

ITA 94/AHD/2025[NA]Status: DisposedITAT Ahmedabad10 Jun 2025

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.94 & 95/Ahd/2025 निर्धारण वर्ष / Assessment Year : Na Shri Shenalma Gaushala Trust Motamesara, Banaskantha, Gujarat - 385565 Tharad, स्थायी लेखा सं./Pan: Aasts9381C अपीलार्थी/ (Appellant) Assessee By: Revenue By : The Commissioner Of Income Tax (Exemption) V/S. Ahmedabad प्रत्यर्थी/ (Respondent) Shri Samir Vora, Ar Shri Durga Dutt, Cit.Dr सुनवाई की तारीख/Date Of Hearing : 05/06/2025 घोषणा की तारीख / Date Of Pronouncement: 10/06/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: These Two Appeals By The Assessee Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Exemption), Ahmedabad [Hereinafter Referred To As “Cit(Exemption)"] Rejecting The Applications For Registration Under Section 12A(1)(Ac)(Iii) & For Approval Under Section 80G(5)(Iii) Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act"] & Cancelling The Provisional Approvals Earlier Granted. Since Common Facts & Grounds Are Involved, Both Appeals Are Heard Together & Disposed Of By This Consolidated Order. Condonation Of Delay 2. The Registry Noted Delay In Filing Both The Appeals Before Us. The Appeals Are Accompanied By Applications Under Section 253(5) Of The Act Seeking Condonation Of Delay. Details Of Such Delay Are As Follows - Appeal Order Appealed Against Date Order Of Cit(E) Date Of Appeal Due Date For Appeal Date Of Filing Before Us Delay (Days) Delay Noted By Registry

For Appellant: Revenue byFor Respondent: The Commissioner of Income
Section 12A(1)(ac)Section 253(5)Section 80G(5)(iii)

North India Society of Metabolism Lipids Diabetes and Hypertension, Chandigarh vs. The Commissioner of Income Tax, Exemptions, Chandigarh

The appeal stand dismissed

ITA 381/CHANDI/2024[2024-25]Status: DisposedITAT Chandigarh09 Jun 2025AY 2024-25

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 381/Chandi/2024 North India Society Of Metabolism Cit (Exemption) बनाम/ Lipids Diabetes & Hypertension Chandigarh C/O Tej Mohan Singh (Advocate) Vs. # 527 Sector 10-D, Chandigarh "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aactn-5643-A (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Shri Tej Mohan Singh (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Kusum Bansal (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 03-06-2025 घोषणाकीतारीख /Date Of Pronouncement : 09-06-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aggrieved By Rejection Of Registration Application As Filed By The Assessee Seeking Registration U/S 12A(1)(Ac)(Iii) Vide Impugned Order Dated 20-03-2024 Of Ld. Cit(Exemptions), Chandigarh [Cit(E)], The Assessee Is In Further Appeal Before Us. 2. The Ld. Ar Advanced Arguments & Stated That The Assessee Has Carried Out Charitable Activities In Medical Field. The Ld. Cit-Dr Relied On The Order Of Ld. Cit(E) To State That No Charitable Activities Are Shown To Have Been Carried Out By The Assessee. Having Heard

For Appellant: Shri Tej Mohan Singh (Advocate) – Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) – Ld. DR
Section 12ASection 12A(1)(ac)Section 2(15)Section 201

Chartered Accountant Association, Jalandhar vs. Income Tax Officer, Ward-4(2), Jalandhar

ITA 503/ASR/2024[2023-24]Status: DisposedITAT Amritsar06 Jun 2025AY 2023-24

Bench: Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm आयकरअपील सं. / Ita No. 503/Asr/2024 Chartered Accountants Association Income Tax Officer, बनाम/ Model Town Road, Near Skylark Hotel Ward No.4(2), Vs. Jalandhar-144001. Jalandhar "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadac-9242-Q (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Parikshit Aggarwal (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Vedanshu Tripathi (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 25-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 06 -06-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aggrieved By Rejection Of An Application Seeking Registration U/S 12A(1)(Ac)(Iii) Vide Impugned Order Dated 14-08-2024 As Passed By Learned Commissioner Of Income Tax (Exemptions), Chandigarh [Cit(E)], The Assessee Is In Further Appeal Before Us. 2. The Ld. Ar, Shri Parkshit Aggarwal, Advanced Arguments & Drew Attention To The Articles Of Association To Contradict The Observation Of Ld. Cit(E) In The Impugned Order. The Ld. Cit-Dr Also Advanced Arguments Supporting Rejection Of Application. Having Heard

For Appellant: Shri Parikshit Aggarwal (CA) – Ld. ARFor Respondent: Dr. Vedanshu Tripathi (CIT) – Ld. DR
Section 12A(1)(ac)Section 2(15)