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)

St Mira'S College Alumni Association, Pune vs. Commissioner of Income Tax (Exemption), Pune

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 64/PUN/2024[-]Status: DisposedITAT Pune24 Jun 2024

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.64/Pun/2024 St. Mira’S College Alumni Vs. Cit (Exemption), Pune. Association, 6, Koregaon Park Road, Pune- 411001. Pan : Abcts2932E Appellant Respondent Assessee By : Smt. Deepa Khare Revenue By : Shri Ajay Kumar Keshari Date Of Hearing 13.06.2024 : Date Of Pronouncement 24.06.2024 : आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.11.2023 Passed By Ld Cit, Exemption, Pune [‘Ld. Cit(E), Pune’] Rejecting The Application For Registration U/S 12A(1)(Ac)(Iii) Of The It Act. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Ld Cit Exemption Erred In Law & On Facts In Rejection Of Application For Registration U/S 12A(1)(Ac)(Iii) Without Considering The Facts & Circumstances Of The Case. 2. The Ld Cit Exemption Erred In Law & On Facts In Rejecting Application For Registration U/S 12A(1)(Ac)(Iii) & Cancelling Provisional Registration Granted On 04/04/2022 Without Serving Proper Notice Of Hearing Either Physically Or Through The Registered Mail Id. The Appellant Prays For Opportunity So As To Explain Its Case.

For Appellant: Smt. Deepa KhareFor Respondent: Shri Ajay Kumar Keshari
Section 12ASection 12A(1)(ac)

Vivekananda Educational Trust, Thiruvalllur vs. CIT Exemptions, Chennai

The appeal stand allowed for statistical purposes

ITA 1032/CHNY/2024[-]Status: DisposedITAT Chennai24 Jun 2024

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1032/Chny/2024 Vivekananda Educational Trust Cit(Exemptions) बनाम/ Gnt Road, Thuruppalam Bazzar Chennai. Vs. Gummudippondi Taluk, Thiruvallur-601 201. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabtv-3485-H (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri J.Saravanan(Advocate)- Ld.Ar " थ"कीओरसे/Respondent By : Shri Maruthu Pandian (Cit) -Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 24-06-2024 घोषणाकीतारीख /Date Of Pronouncement : 24-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aggrieved By Rejection Of An Application Filed In Form No.10Ab For Registration U/S 12A(1)(Ac)(Iv) Vide Impugned Order Dated 23-03-2024, The Assessee Is In Further Appeal Before Us. The Ld. Cit (Exemptions) Rejected The Application As Non-Maintainable Since The Assessee Selected Section Code 12A(1)(Ac)(Iv) Instead Of 12A(1)(Ac)(Iii) Whereas The Assessee Was Already Granted Provisional Registration For 3 Years. Consequently, The Provisional Registration Was Also Canceled As Per Statutory Provisions. Aggrieved, The Assessee Is In Further Appeal Before Us.

For Appellant: Shri J.Saravanan(Advocate)- Ld.ARFor Respondent: Shri Maruthu Pandian (CIT) -Ld. DR
Section 12A(1)(ac)

L Dey Road Sarada Society Purulia., Purulia vs. CIT(Exemptions), 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)