Section 12AA(3) of the Income Tax Act

The decision most relied on for Section 12AA(3) is Parshuram Pottery Works Ltd. v. ITO (264 ITR 276), cited in 73 of the 34 judgments on BharatTax that turn on this section.

Leading authorities on Section 12AA(3)

Parshuram Pottery Works Ltd. v. ITO
264 ITR 276 · 2003 · High Court
73
citing judgments

The Revenue cannot deny a deduction, such as under Sections 80-I or 80IC, in a current assessment year if it has consistently allowed the same deduction in prior years on identical facts and circumstances, unless there is a change in law or facts.

CIT v. Max India Ltd.
388 ITR 81 · 2016 · High Court
68
citing judgments
CIT v. Batanagar Education
129 Taxmann.com 30 · 2021 · Supreme Court
39
citing judgments
Commissioner of Income Tax v. Chotatingrai Tea & Ors.
258 ITR 529 · 2002 · Supreme Court
30
citing judgments

A donor cannot be held responsible for the utilization of their donation by a donee institution once the statutory conditions for claiming a deduction are met. Subsequent withdrawal of approval for the donee institution cannot retrospectively deny the donor the deduction.

DIT(E) v. Meenakshi Amma Endowment Trust
354 ITR 219 · 2013 · High Court
26
citing judgments

Registration of a charitable trust cannot be cancelled solely on the ground that expenses from the corpus fund were claimed towards application, or that amounts set apart for specific purposes were improperly used, or that expenditures were not towards the trust's objects.

CIT(E), Bangalore v. Ohio University Christ College
408 ITR 352 · 2018 · High Court
26
citing judgments

Application of income for charitable purposes 'in India' is the relevant criterion, not whether the expenditure was incurred within or outside India. If income is applied for charitable activities outside India, it does not automatically mean the charitable activities themselves were conducted outside India.

DIT (Exemption) v. Karnataka Badminton Association
378 ITR 700 · 2015 · High Court
13
citing judgments
Lilavati Kirtilal Mehta Medical Trust v. Commissioner of Income Tax (central)-l, Mumbai
108 Taxmann.com 272 · 2019 · ITAT
12
citing judgments
Director of Income Tax (Exemptions) v. National Association of Software and Services Companies (NASSCOM)
21 Taxmann.com 213 · 2012 · High Court
9
citing judgments
CIT(E) v. Maria Social Service Society
408 ITR 462 · High Court
9
citing judgments

Judgments on Section 12AA(3)

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