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

Divyang Development Society, Kanpur vs. Commissioner of Income Tax (E), Lucknow

In the result, for statistical purposes, the appeal of the assessee is allowed

ITA 496/LKW/2019[NA]Status: DisposedITAT Lucknow11 Oct 2019

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: N.A. Divyang Development Society V. Cit (Exemptions) 119/530, Darshan Purwa Lucknow Kanpur Tan/Pan:Aactd5039N (Appellant) (Respondent) Appellant By: Shri Ashish Agrawal, Advocate Respondent By: Shri A. K. Bar, Cit (Dr) Date Of Hearing: 10 10 2019 Date Of Pronouncement: 11 10 2019 O R D E R Per A. D. Jain, V.P.: This Is Assessee’S Appeal Against The Order Of The Ld. Cit (Exemption), Lucknow, Rejecting The Application For Grant Of Registration Under Section 12A(1) Of The Income Tax Act, 1961. 2. The Assessee Has Taken As Many As Six Grounds Of Appeal, But The Main Issue Raised, Vide Ground No.2, Is That The Ld. Cit(A) Was Wrong In Rejecting The Application Under Section 12A Of The Act, Without Affording Reasonable Opportunity To The Appellant Society To Present Its Case. 3. The Facts Of The Case Are That The Assessee Filed An Application For Registration Under Section 12A(A) Of The Income-Tax Act, 1961 In Form 10A, On 1/2/2019 With The Cit (Exemptions), Lucknow. The Ld. Cit (Exemptions) Issued A Letter, Dated 26/7/2019 To The Assessee Calling For Specific Queries Regarding The Application For Registration U/S Ita No.496/Lkw/2019 Page 2 Of 3

For Appellant: Shri Ashish Agrawal, AdvocateFor Respondent: Shri A. K. Bar, CIT (DR)
Section 12ASection 12A(1)

Amleshwar De vs. Than Seva Charitable Trust, Bharuch

In the result, the appeal filed by the assessee is hereby ordered to be allowed for statistical purposes

ITA 2991/AHD/2014[-]Status: DisposedITAT Surat01 Oct 2019

Bench: Shri Amarjit Singh, Jm & Shri O. P. Meena, Am आयकर अपील सं/ I.T.A. No. 2991/Ahd/2014 (निर्धारण वर्ा / Assessment Year: ) बिधम/ The Trustee Amleshwar Cit-Iii, 2Nd Floor, Aayakar Bhavan, Devsthan Seva Charitable Vs. Trust, At & Po, Amleshwar, Annexe, Race Course Cirlce Bharuch-392001. Baroda-7. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaeta1691B (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: None Revenue By: Shri Mayank Pandey (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 01/10/2019 घोषणा की तारीख /Date Of Pronouncement: 01/10/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 31.07.2014 Passed By The Commissioner Of Income Tax (Appeals)-Iii, Baroda [Hereinafter Referred To As The “Cit(A)”] In Which The Application For Registration U/S 12A Of The I. T. Act, 1961 Has Been Order To Be Rejected. The Assessee Has Raised The Following Grounds: - 2. 1. “Ld. Cit(Iii) Erred In Law & On Facts In Refusing To Grant Registration U/S 12Aa Of The Act To The Appellant Trust. Ld.Cit(Iii) Ought To Have Granted Registration In Light Of The Fact That All The Requisite Formalities Under The Provisions Ofthe Act Were Complied With By The Appellant Trust. 2. Ld. Cit(Iii) Erred In Law & On Facts In Holding That The Trust Was Not Genuinely Carrying Activities In Terms Of Objects In

For Appellant: NoneFor Respondent: Shri Mayank Pandey (Sr. DR)
Section 12A