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

DCIT, Exemption Circle, Ranchi vs. M/S Jamshedpur Dioceasan Education Society, Jamshedpur

In the result, the appeal of the Revenue is, hereby, dismissed

ITA 122/RAN/2019[2014-15]Status: DisposedITAT Ranchi10 Jul 2023AY 2014-15

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.122/Ran/2019 Assessment Year: 2014-15 Dcit, Exemption Circle, Ranchi..................................................……Appellant Vs. M/S Jamshedpur Diocesan Education Society…..........……...…..…..Respondent Bishop’S House, Golmuri, Jamshedpur-831003. [Pan: Aaatj8652K] Appearances By: Shri Yogesh Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Pranob Kr. Koley, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 22, 2023 Date Of Pronouncing The Order : July 10, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 26.11.2018 Of The Commissioner Of Income Tax (Appeals), Jamshedpur (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Revenue Is Aggrieved By The Action Of The Cit(A) In Allowing The Deduction U/S 11 Of The Act To The Assessee-Society Which Was Deducted By The Assessing Officer Observing That The Assessee-Society Was Carrying Out Its Educational Activities On Profit Motive Basis. 3. The Assessee-Society I.E. M/S Jamsedpur Diocesan Education Society Is A Society Engaged In Running Of Educational Institutions. The Society Is Registered Vide Registration No.943/2010-11 By The Director

Section 11Section 12ASection 250

Ballygunj Society for Children in Pain Chip, Kolkata vs. I.T.O.(Exemption), Ward - 1(2), Kolkata

In the result, the appeal of the assessee is treated as allowed

ITA 9/KOL/2023[2020-2021]Status: DisposedITAT Kolkata27 Jun 2023AY 2020-2021

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.9/Kol/2023 Assessment Year: 2020-21 Ballygunj Society For Children In Pain Chip..............................……Appellant 57/14, Ballygunj Circular Road, Ballygunj, Kolkata-700019. [Pan: Aaatb4988N] Vs. Ito, Ward-1(2), Exemptions, Kolkata...........……........……...…..…..Respondent Appearances By: Shri Akkal Dudhwewala, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 03, 2023 Date Of Pronouncing The Order : June 27, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 17.11.2022 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Brief Facts Of The Case Are That The Assessee Is A Charitable Society Registered U/S 12A Of The Act. The Assessee Claimed Deduction U/S 11 Of The Act In Respect Of Income Spent On Charitable Purposes. However, The Assessing Officer/Cpc Disallowed The Expenditure Spent Towards Charitable Purposes For Delay In Filing Of Form 10B. The Cit(A) Confirmed The Additions So Made By The Assessing Officer.

Section 11Section 12ASection 250

West Bengal State Rural Livelihoods Mission, CIT(Exemption), Kolkata vs. CIT(Exemption), Kolkata, Exemption

The appeal of the assessee is treated as allowed for statistical purposes

ITA 231/KOL/2023[NA]Status: DisposedITAT Kolkata27 Jun 2023

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.231/Kol/2023 West Bengal State Rural Livelihoods Mission...........................……Appellant Joint Administrative Buildings, 10Th Floor, Hc-7, Sector-Iii, Salt Lake, Kolkata-700106. [Pan: Aaaaw4474F] Vs. Cit (Exemption), Kolkata….…….............……........……...…..…..Respondent Appearances By: Smt Ankeeta Lohia & G. S. Kedia, Ar, Appeared On Behalf Of The Appellant. Shri Rakesh Kumar Das, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 09, 2023 Date Of Pronouncing The Order : June 27, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 19.12.2022 Of The Commissioner Of Income Tax(Exemption), Kolkata (Hereinafter Referred To As The ‘Cit(E)’) Against The Rejection Of The Application For Registration U/S 12A Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Ld. Counsel For The Assessee Has Invited Our Attention To The Impugned Order Of The Cit(E) To Submit That The Same Is An Ex Parte Order. The Ld. Cit(A) Has Rejected The Application For Registration/Approval U/S 12A(1)(Ac)(Iii) For Want Of Attendance Of The Hearing & Submission Of The Necessary Documents. The Ld. Counsel

Section 12ASection 12A(1)(ac)