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)

Public Management Development Foundation, Chandigarh vs. CIT-Exemptions, Chandigarh.

The appeal stands allowed for statistical purpose

ITA 916/CHANDI/2026[2026-27]Status: DisposedITAT Chandigarh20 Jul 2026AY 2026-27

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपी सं./ Ita No.916/Chandi/2026 Public Management Development Foundation Cit (Exemptions) #427, Sector – 44A बनाम/ Room No.1, 5Th Floor Chandigarh – 160047 Cr Building, Sec. 17E Vs. Chandigarh – 160017 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aaatp-9936-G (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Manoj Kumar (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Kusum Bansal (Pr. Cit) - Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 15-07-2026 घोषणाकीतारीख /Date Of Pronouncement 20-07-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aggrieved By Rejection Of An Application As Filed By The Assessee Seeking Registration U/S 12A(1)(Ac)(Iii) Vide Impugned Order Dated 18.02.2026 Of Ld. Commissioner Of Income Tax (Exemption), Chandigarh, [Cit(E)], The Assessee Is In Further Appeal Before Us. Upon Perusal Of Para 3.2 Of The Impugned Order, It Could Be Seen That The Registration Has Been Denied For Want Of Requisite Submissions / Documents From The Assessee. The Ld. Ar Stated That The Assessee Is In A Position To Substantiate Its Registration Application In Case Another

For Appellant: Sh. Manoj Kumar (CA) – Ld. ARFor Respondent: Smt. Kusum Bansal (Pr. CIT) - Ld. DR (Virtual)
Section 12A(1)(ac)Section 17E

Arya Samaj Foundation, Chennai vs. CIT, Exemptions, Chennai

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

ITA 1889/CHNY/2026[-]Status: DisposedITAT Chennai20 Jul 2026

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunathaआयकर अपील सं./Ita No.1889/Chny/2026 ननिाारण वर्ा / Assessment Year : ---- Arya Samaj Foundation The Commissioner Of Income 212-213, Avvai Shanmugam Salai Vs. Tax (Exemption) Gopalapuram So (Chennai) Chennai. Gopalapuram, Chennai – 600 086 [Pan: Aawca4301P] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By : Shri. Varun Azhagan, Advocate & Shri. Sathyaseelan, Advocate प्रत्यर्थी की ओर से/Respondent By : Ms. Nayani Swapna, Cit सुनवाई की तारीख/Date Of Hearing : 01.07.2026 घोर्णा की तारीख/Date Of Pronouncement : 20.07.2026 आदेश /O R D E R Per S. R. Raghunatha, Am : The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 26.11.2024 Passed By The Learned Commissioner Of Income Tax (Exemption), Chennai [Hereinafter Referred To As “The Ld. Cit(E)”] In Respect Of An Application For Registration Filed By The Assessee In Form 10Ab U/S.12A(1)(Ac)(Iii) Of The Act.

For Appellant: Shri. Varun Azhagan, Advocate and Shri. Sathyaseelan, AdvocateFor Respondent: Ms. Nayani Swapna, CIT
Section 11Section 12ASection 12A(1)(ac)Section 143(1)