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

Income Tax Bar Association, Calcutta., Kolkata vs. CIT(Examption), Kolkata.

In the result, the appeal of the assessee stands dismissed

ITA 922/KOL/2023[00]Status: DisposedITAT Kolkata02 Nov 2023

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.922/Kol/2023 Income Tax Bar Association Calcutta.......................…...……………....Appellant Aayakar Bhawan Annexe, 1St Floor, P-13, Chowringhee Square, Kolkata-700069. [Pan: Aaaai3921M] Vs. Cit(Exemption), Kolkata.........…..........................................…..…..... Respondent Appearances By: Shri Ravi Tulsiyan, Fca, Appeared On Behalf Of The Appellant. Shri S. Datta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 02, 2023 Date Of Pronouncing The Order : November 02, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee-Association Agitating The Rejection Of Application For Registration U/S 12A Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) As Charitable Institution In An Ex Parte Order 08.08.2023 Of The Commissioner Of Income Tax (Exemption), Kolkata [Hereinafter Referred To As ‘Cit(Exemption)’]. 2. At The Outset, The Ld. Counsel For The Assessee Has Submitted That In Fact The Assessee-Association Has Already Been Granted Registration U/S 12A Of The Act From A.Y 2022-23 To A.Y 2026-27. He, In This Respect, Has Relied Upon The Certificate/Order Of Registration Dated 23.09.2021 Bearing Document Identification No.Aaaai3921Me1924201 & Unique Registration No.Aaaai3921Me19242. The Ld. Counsel Has

Section 12A

Ramanuja Peetham, Visakhapatnam vs. Income Tax Officer (Exemption Ward), Visakhapatnam

In the result, appeal of the assessee is dismissed as withdrawn

ITA 198/VIZ/2023[2016-17]Status: DisposedITAT Visakhapatnam18 Oct 2023AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.198/Viz/2023 (ननधधारण वर्ा / Assessment Year :2016-17) Sri Ramanuja Peetham Vs. Income Tax Officer D.No.1-104-15, Plot No.40, Sector-5 (Exemption Ward) Ttd Kalyanamandapam Road Visakhapatnam Mvp Colony, Visakhapatnam [Pan : Aafts4193P] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Smt.A.Aruna, Ar प्रत्यधथी की ओर से / Respondent By : Shri Madhukar Aves, Dr सुनवधई की तधरीख / Date Of Hearing : 27.09.2023 घोर्णध की तधरीख/Date Of Pronouncement : 18 .10.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: This Appeal Is Filed By The Assessee Against The Order Of Commissioner Of Income Tax (Appeal) [Cit(A)], National Faceless Appeal Centre (Nfac), Delhi In Din & Order No.Itba/Nfac/S/250/2023- 24/1052984661(1) Dated 19.05.2023 For The Assessment Year (A.Y.)2016-17. 2. Brief Facts Of The Case Are That The Assessee Is A Trust, Registered U/S 12A Of The Income Tax Act, 1961 (In Short ‘Act’) Had Filed Return Of Income For The A.Y.2016-17 On 09.09.2016, Declaring Nil Income After

For Appellant: Smt.A.Aruna, ARFor Respondent: Shri Madhukar Aves, DR
Section 11Section 12ASection 143(1)Section 154

Assistant Commissioner of Income Tax, (Exemrtion), Bhubaneswar vs. Shri Jagannath Education & Charitable Trust, Bhubaneswar

In the result, appeal of the revenue is dismissed

ITA 238/CTK/2023[2018-19]Status: DisposedITAT Cuttack12 Oct 2023AY 2018-19

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.238/Ctk/2023 (ननधाारण वषा / Assessment Year : 2018-2019) Acit(Exemption), Bhubaneswar Vs Shri Jagannath Education & Charitable Trust, Plot No.209, Unit-3, Kharvel Nagar, Bhubaneswar-751001 Pan No. :Aaqts 1600 Q (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri K.K.Bal, Advocate राजस्व की ओर से /Revenue By : Shri Charan Dass, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 12/10/2023 घोषणा की तारीख/Date Of Pronouncement : 12/10/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 02.11.2022, Passed In Din & Order No.Itba/Nfac/S/250/2022- 23/1046705886(1), For The Assessment Year 2018-2019. 2. It Was The Submission By The Ld. Sr. Dr That The Assessee Was Granted Registration U/S.12A Of The Act On 12.02.2020. It Was Submitted That No Proceedings Were Pending In The Case Of The Assessee For The Assessment Year 2018-2019 Insofar As The Intimation In Respect Of The Assessment Year 2018-2019 Had Already Been Issued To The Assessee As Early As On 17.10.2019. It Was The Submission That As No Proceedings Were Pending Before The Ao In Respect Of The Impugned Assessment Year

For Appellant: Shri K.K.Bal, AdvocateFor Respondent: Shri Charan Dass, Sr. DR
Section 11Section 12ASection 143(1)