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 256 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

An Assessing Officer is bound by the rule of consistency and cannot make a 'U-turn' in their assessment unless the revenue brings contrary facts on record.

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

Cancellation of registration under Sections 12AA and 80G of the Income-tax Act is justified when a trust misuses its status by returning substantial donations in cash to donors.

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

Authorities cannot reject an application for registration under section 12A or recognition under section 80G solely on the ground of absence of activities when the trust has approached for registration within a reasonable time after its formation. The objects of the trust must be examined.

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

Registration under Section 12A cannot be cancelled solely on grounds that were or could have been considered at the time of granting registration. The benefit of Section 12A registration is not available if the assessee's case falls under the first proviso to Section 2(15).

Lilavati Kirtilal Mehta Medical Trust v. Commissioner of Income Tax (central)-l, Mumbai
108 Taxmann.com 272 · 2019 · ITAT
12
citing judgments

Violation of Section 13 provisions does not empower the Commissioner to cancel registration under Section 12AA(3); such violations are grounds for forfeiting exemptions under Sections 11 and 12 during assessment.

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)

M/S Bhutoria Memorial Trust, Kolkata vs. CIT(Exemptions), Kolkata

In the result, the appeal filed by the assessee trust, is allowed

ITA 834/KOL/2016[]Status: DisposedITAT Kolkata26 Apr 2017

Bench: Shri N.V. Vasudevan, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.834/Kol/2016 ("नधा"रण वष" / Assessment Year :N.A.) M/S Bhutoria Memorial Trust Vs. Commissioner Of Income 8A Lindsay Street, Tax (Exemption), 10B- Middleton Row, 6Th Floor, Kolkata-700087 Kolkata-700071 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatb 5481G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri V.N. Purohit, Fca राज"व क" ओर से /Revenue By : Shri G. Mallikarjuna, Cit- (Dr) सुनवाई क" तार"ख / Date Of Hearing : 05/04/2017 घोषणा क" तार"ख/Date Of Pronouncement 26/04/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Is Directed Against An Order Passed By The Ld. Commissioner Of Income Tax (Exemptions) Kolkata, Under Section 80G (5) (Vi) [ Cit (E)/Kol/80G/2015-16/5726 ], Dated 14.03.2016. The Ld Cit( Exemptions) Cancelled The Registration Of The Trust U/S 80G (5) Observing That Assessee`S Trust Registration U/S 12Aa (3) Had Already Been Cancelled. That Is, Since The Registration Of The Trust U/S 12Aa(3) Had Cancelled Therefore, The Assessee Trust Is Not Entitled To Enjoy The Registration U/S 80G (5) Of The Act & Therefore, Ld Cit(Exemptions) Cancelled The Registration With Effect From 01.04.2011. 2. Aggrieved From The Order Of Ld Cit(E), The Assessee Trust Is In Appeal Before Us & Prayed The Bench That Hon`Ble Itat Kolkata In Ita No.537/Kol/2016, Dated 14.09.2016 ( In Assessee`S Trust Own Appeal) Has Granted The Relief To The Assessee Trust & Held The Ld Cit (E) Was 2 M/S Bhutoria Memorial Trust

For Appellant: Shri V.N. Purohit, FCAFor Respondent: Shri G. Mallikarjuna, CIT- (DR)
Section 12ASection 80GSection 80G(5)