Section 12A of the Income Tax Act

Income-tax Act, 2025: ss.332–355

Section 12A of the Income-tax Act, 1961 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 is CIT v. Institute of Banking Personnel Selection (264 ITR 110), cited in 398 of the 6,064 judgments on BharatTax that turn on this section.

Leading authorities on Section 12A

CIT v. Institute of Banking Personnel Selection
264 ITR 110 · 2003 · High Court
398
citing judgments

Depreciation is allowable on assets for which the cost has been fully allowed as an application of income under Section 11 in previous years, when computing the income of a charitable trust. Charitable trusts are also entitled to carry forward their deficit.

ACIT v. Ahmedabad Urban Development Authority
143 Taxmann.com 278 · 2022 · Supreme Court
390
citing judgments

If activities for the advancement of general public utility are carried on as a business, income from such activities is not exempt under Section 11, even if the profits are utilized for the main charitable object. The argument that profits from general public utility activities can be ploughed back to charity to maintain exemption is not a good law.

Addl. CIT v. Surat Art Silk Cloth Manufacturers Association
121 ITR 1 · 1980 · Supreme Court
328
citing judgments

A charitable institution, whose predominant object is general public utility, can engage in non-charitable activities yielding incidental profits, provided these profits are deployed to achieve the dominant charitable object. A subsidiary object, if ancillary to the primary charitable purpose, does not negate the institution's charitable character.

Sole Trustee, Loka Shikshana Trust v. CIT
101 ITR 234 · 1975 · Supreme Court
323
citing judgments

This case defines 'education' under Section 2(15) of the Income Tax Act as systematic instruction, schooling, or training given to the young for preparation for the work of life. It clarifies that 'education' in this context has a narrow meaning, not extending to every acquisition of further knowledge.

Exide Industries Ltd. v. Union of India
292 ITR 470 · 2007 · High Court
320
citing judgments

The Calcutta High Court held that restricting deduction for leave encashment via Section 43B(f) was arbitrary and contrary to Supreme Court decisions. However, this judgment was later stayed by the Supreme Court.

Escorts Ltd. v. UOI
199 ITR 43 · 1993 · Supreme Court
267
citing judgments

A statute should not be construed to permit double deduction for the same expenditure unless specifically provided by law.

1. AIR 1951 SC 467: HARLA v. THE STATE OF RAJASTHAN. 2
2 SCC 453 · 1997 · Reported
222
citing judgments

When an appeal or revision is filed against an order passed by a subordinate forum, and a superior forum modifies, reverses, or affirms that decision, the order of the subordinate forum merges into the superior forum's decision, which then becomes the sole operative and enforceable order.

CIT v. Shri Plot Swetamber Murti Pujak Jain Mandal
211 ITR 293 · 1995 · High Court
204
citing judgments

A charitable trust can carry forward its excess expenditure from previous years and adjust it against the income of subsequent years, which qualifies as an application of income under Section 11. Additionally, voluntary contributions received for a specific purpose are treated as corpus funds and are not taxable.

CIT v. Gujarat Oil & Allied Industries
201 ITR 325 · 1993 · High Court
195
citing judgments

The requirement to file an audit report along with the income tax return, as specified in provisions like Section 80J(6A) or 80-IA(7), is directory and not mandatory. Substantial compliance is achieved if the audit report is submitted at any time before the assessment is framed or completed, and benefits should not be denied merely due to a delay in furnishing it.

CIT v. Society of the Sisters of St. Anne
146 ITR 28 · 1984 · High Court
195
citing judgments

Depreciation claimed by a charitable trust on its assets is an allowable application of income for computing exemption under Section 11, and this does not constitute a double deduction.

Judgments on Section 12A

Kulti Mahotsav Committee, Burdwan vs. ITO, Ward-, Asansol

In the result, appeal of the assessee is allowed

ITA 340/KOL/2024[2020-21]Status: DisposedITAT Kolkata05 Jun 2024AY 2020-21

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 340/Kol/2024 Assessment Year: 2020-21 Kulti Mahotsav Committee Income Tax Officer, Ward B.C. Lane, P.O. Kulti Vs District – Burdwan West Bengal - 713343 [Pan : Aaetk1236G] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : None Revenue By : Shri Nicholas Murud, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 02/05/2024 घोषणा क" तारीख /Date Of Pronouncement: 11/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/Addl/Jcit(A)-4, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 20/12/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For Assessment Year 2020-21. 2. When The Case Was Called For Hearing, None Appeared On Behalf Of The Assessee. No Application For Adjournment Has Been Filed. Under These Circumstances, We Proceed To Adjudicate The Instant Appeal Ex- Parte Qua The Assessee, On The Basis Of Available Records & Hearing The Ld. D/R. 3. On Perusal Of The Grounds Of Appeal We Notice That, The Sole Grievance Of The Assessee Is Against The Addition Of Rs.8,90,723/- Made

For Appellant: NoneFor Respondent: Shri Nicholas Murud, Addl. CIT, Sr. D/R
Section 11Section 12ASection 250

Income Tax Officer (Exemptions), Bhubaneswar vs. Navodaya Trust, Bhubaneswar

In the result, appeal of the revenue stands dismissed

ITA 159/CTK/2024[2022-23]Status: HeardITAT Cuttack03 Jun 2024AY 2022-23

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2022-23 Income Income Tax Tax Officer Officer Vs. Navodaya Trust, Navodaya Trust, (Exemptions), Bhubaneswar (Exemptions), Bhubaneswar Plot Plot No.1881(3 No.1881(3 & And 4), 4), Infront Of Bpcl Petrol Infront Of Bpcl Petrol Pump, Chandrasekharpur, Chandrasekharpur, Bhubaneswar War Pan/Gir No Pan/Gir No.Aaaatn 2553 M (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri S.K.Sarangi, Ca S.K.Sarangi, Ca Revenue By : Shri Sanjay Kumar, Cit : Shri Sanjay Kumar, Cit Dr Date Of Hearing : 03/0 06/2024 Date Of Pronouncement : 03/0 /06/2024 O R D E R Per Bench This Is An Appeal Filed By The Revenue Against The Order Of The Ld Against The Order Of The Ld Addl/Jcit(A)-1, Vadodara 1, Vadodara Dated 19.1.2024 In Appeal No. In Appeal No.Nfac/2021- 22/10235479 For The Assessment Year 2022-23. 2. Brief Facts Of The Case Are That The Assessee Has Filed Its Return Of Brief Facts Of The Case Are That The Assessee Has Filed Its Return Of Brief Facts Of The Case Are That The Assessee Has Filed Its Return Of Income On 2.11.2022, Which Was Processed U/S.143(1) Of The Act Dated Income On 2.11.2022, Which Was Processed U/S.143(1) Of The Act Dated Income On 2.11.2022, Which Was Processed U/S.143(1) Of The Act Dated 4.4.2023, Wherein, Exempt 4.4.2023, Wherein, Exemption Claimed By The Assessee U/S.11 Has Been Ion Claimed By The Assessee U/S.11 Has Been Denied & The Gross Receipts Has Been Taxed. Against This, The Assessee Denied & The Gross Receipts Has Been Taxed. Against This, The Assessee Denied & The Gross Receipts Has Been Taxed. Against This, The Assessee P A G E 1 | 3 Assessment Year : 20022-23

For Appellant: Shri S.K.Sarangi, CAFor Respondent: Shri Sanjay Kumar, CIT
Section 11Section 12ASection 139(1)Section 143(1)