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

The Rose Manor Alumini Foundation, Mumbai vs. DIT (E), Mumbai

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

ITA 6786/MUM/2013[2013-14]Status: DisposedITAT Mumbai29 Nov 2016AY 2013-14

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am आयकर अपीऱ सं./I.T.A. No.6786/Mum/2013 (ननधधारण वषा / Assessment Years : 2013-14) बनधम/ The Rose Manor Alumni Director Of Income Tax Foundation, (Exemption), Vs. 6Th Floor,, Piramal Chambers, Dalal House, Prabhat Colony, Santacruz (E), Parel, Mumbai-400055 Mumbai-400012 स्थधयी ऱेखध सं./ Pan :Aabtt9449D अपीऱार्थी की ओर से / Assessee By Ms.Parvathy Ganesh प्रत्यर्थी की ओर से/Revenue By Shri B S Bist सुनवाई की तारीख / Date Of Hearing : 7.11.2016 घोषणा की तारीख /Date Of Pronouncement :29.11.2016 आदेश / O R D E R Per Rajesh Kumar, Am The Present Appeal Has Been Filed Before Us Against The Order Of Director Of Income Tax (Exemption) Dated 17.9.2013 (Hereinafter Referred To As Dit(E) Passed Under Section 12Aa(1)(B)(Ii) R.W.S.12A Of The Income Tax Act, 1961 Denying The Registration U/S 12A To The Applicant. 2. Facts In Brief Are That The Applicant Applied For The Registration U/S 12A Of The Act On 18.3.2013. The Said Trust Was Registered With Charity Commissioner, Mumbai On 6.3.2013. A Notice Dated 13.6.2013 Was Issued To The Appellant Trust

Section 12A

Society for Training and Research on Panchayats and Rural Development, Kalyani, Kolkata vs. ACIT, Circle-41, Nadia

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

ITA 161/KOL/2015[2010-2011]Status: DisposedITAT Kolkata23 Nov 2016AY 2010-2011

Bench: Shri S.S.Viswanethra Ravi, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.161/Kol/2015 ("नधा"रण वष" /Assessment Year:2010-2011) Society For Training & Vs. Acit-Circle, Kurchipota Research On Panchayats Lane, Krishna Nagar, Nadia & Rural Development, Kalyani Nadia, West Bengal. Icmard Building, 6Th Floor, Block -14/2, Cit Scheme Viii (M), Bidhan Nagar, Kolkata-700067 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadts2844P .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee By : Shri Anjan Kumar Bandyopadhyay Revenue By : Shri Tanuj Negi , Jcit सुनवाई क" तार"ख / Date Of Hearing : 28/10/2016 घोषणा क" तार"ख/Date Of Pronouncement 23/11/2016 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To The Assessment Year 2010-2011, Is Directed Against An Order Passed By Ld. Commissioner Of Income Tax (Appeals)-Xxxvi, Kolkata In Appeal No.229/Cit(A)-Xxxvi/Kol/Acit,Cir/Nadia/2013-14 Dated 29.10.2014, Which In Turn Arises Out Of An Order Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act 1961, (In Short The ‘Act’), Dated 22/03/2013. 2. The Brief Facts Qua The Assessee Are That The Assessee Filed Its Return Of Income On 29/03/2010 Declaring Total Income Nil. The Assessee`S Case Was Selected For Scrutiny U/S 143(3) Of The Act & The Assessing Officer Completed The Assessment By Making Addition Of Rs. 38,21,630. During

For Appellant: Shri Anjan Kumar BandyopadhyayFor Respondent: Shri Tanuj Negi , JCIT
Section 11Section 12ASection 143(3)Section 144