Section 12AB of the Income Tax Act

Income-tax Act, 2025: ss.332–355

Section 12AB 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 12AB is Sole Trustee, Loka Shikshana Trust v. CIT (101 ITR 234), cited in 323 of the 5,972 judgments on BharatTax that turn on this section.

Leading authorities on Section 12AB

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.

Vedabhai v. Santaram
253 ITR 798 · 2002 · Supreme Court
262
citing judgments

When substantial justice and technical considerations are in conflict, substantial justice should be prioritized. Condoning delay requires a cautious approach without malafide or dilatory tactics, and 'sufficient cause' should be interpreted liberally to advance substantial justice.

CIT v. Andhra Chamber of Commerce
55 ITR 722 · 1965 · Supreme Court
167
citing judgments

An organization qualifies as having a charitable purpose if its primary object is the advancement of general public utility, even if its members receive incidental benefits. The existence of incidental non-charitable objects does not negate its charitable status.

India Trade Promotion Organization v. DGIT(Exemption)
371 ITR 333 · 2015 · High Court
128
citing judgments

An institution engaged in the advancement of general public utility retains its charitable character and eligibility for exemptions under Section 11 or approval under Section 10(23C)(iv) provided profit is not its predominant motive, even if it generates incidental surpluses or collects fees.

Ananda Social and Educational Trust v. CIT
426 ITR 340 · 2020 · Supreme Court
116
citing judgments

For registration under Section 12AA, the Commissioner (Exemptions) must examine the objects of the trust and the genuineness of its proposed activities, even if the trust has not yet commenced actual charitable activities or incurred expenditure.

Velu Palandar v. DCIT
83 ITR 683 · 1972 · High Court
94
citing judgments

The opportunity of hearing provided to an assessee must be real, effective, and realistic, not merely notional, and tax authorities are incumbent to decide cases on their merits after affording due opportunity.

CIT v. Dawoodi Bohra Jamat
364 ITR 31 · 2014 · Supreme Court
83
citing judgments

A trust's objects, even if based on religious tenets, can qualify as charitable for tax exemptions if its benefits are not exclusively restricted to a particular religious community or caste.

CIT v. Ahmedabad Rana Caste Association
140 ITR 1 · 1983 · Supreme Court
82
citing judgments

An object beneficial to a section of the public, as distinguished from an individual or group of individuals, qualifies as an object of general public utility under Section 2(15) and hence a charitable purpose. This applies even if the benefits are restricted to a specific caste, community, or professional group.

Trustees of Shri Kot Hindu Stree Mandal v. CIT
209 ITR 396 · 1994 · High Court
80
citing judgments

Membership fees and subscription amounts received by a trust or society from its members are not considered 'voluntary contributions' under Section 12 of the Income-tax Act, as they are not gratuitous payments or gifts but are made with consideration.

CIT v. Bar Council of Maharashtra
130 ITR 28 · 1981 · Supreme Court
74
citing judgments

An organization’s purpose qualifies as 'general public utility' under section 2(15) if its primary objective is charitable, even if it incidentally benefits a specific group or generates some profit, provided the dominant motive is not profit-making. Such an entity is eligible for exemptions under the Act.

Judgments on Section 12AB

Shree Kalka Matajina Vahivat Badal Sarvjanik Trust, Mehsana vs. The CIT(Exemption), Ahmedabad

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

ITA 2213/AHD/2024[NA]Status: DisposedITAT Ahmedabad27 Mar 2025

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.2213/Ahd/2024 िनधा"रण वष" /Assessment Year : Na Shree Kalka Matajina Vahivat The Cit(Exemption) बनाम/ Badal Sarvjanik Trust Ahmedabad – 380 015 V/S. Maherwada Unjha Kahoda So, Maherwada, Mehsana – 384 130 (Gujarat) "थायी लेखा सं./Pan: Abits 2047 N अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Prakash Patel, Ar Revenue By : Shri A.P. Singh, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 26 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 27 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Exemption), Ahmedabad [Hereinafter Referred To As “Cit(E)”], Dated 23.10.2024, Rejecting The Application For Registration Under Section 12Ab Of The Income Tax Act, 1961. Facts Of The Case: 2. The Assessee Trust Filed An Application In Form No. 10Ab On 01.05.2024 Seeking Registration Under Section 12Ab Of The Income Tax Act, 1961. The Shree Kalka Matajina Vahivat Badal Sarvjanik Trust Vs. Cit(E) 2 Application Was Filed Under Section 12A(1)(Ac)(Vi) – Item (B), Which Is Applicable In Cases Where The Activities Of The Trust Or Institution Have Not Commenced As On The Date Of The Application.

For Appellant: Shri Prakash Patel, ARFor Respondent: Shri A.P. Singh, CIT-DR
Section 10Section 11Section 12ASection 12A(1)(ac)

Shree Sarvajanik Muktidham Trust Sundhia, Mehsana vs. The CIT(Exemption), Ahmedabad

In the result, both appeals of the assessee are allowed for statistical purposes

ITA 2185/AHD/2024[NA]Status: DisposedITAT Ahmedabad27 Mar 2025

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.2184/Ahd/2024 & 2185/Ahd/2024 िनधा"रण वष" /Assessment Year : - Shree Sarvajank Muktidham The Cit (Exemption) बनाम/ Trust Sundhia Ahmedabad – 380 015 V/S. At Sundhiya, Vadnagar Mehsana – 384 345 "थायी लेखा सं./Pan: Aabts 8092 G अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Dhrunal Bhatt & Shri Gulab Thakor, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 26 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 27 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: These Two Appeals By The Assessee Are Directed Against Separate Orders Dated 13.11.2024 & 15.11.2024 Passed By The Ld. Commissioner Of Income Tax (Exemption), Ahmedabad [Hereinafter Referred To As "Cit(Exemption)"], Rejecting The Applications Of The Assessee For Registration Under Section 12Ab & Approval Under Section 80G(5) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"]. Since The Facts & Issues Arising In Both Appeals Are Common, They Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience.

For Appellant: Shri Dhrunal Bhatt &For Respondent: Shri Rignesh Das, Sr.DR
Section 12ASection 80G(5)

Shree Sarvajank Muktidham Trust Sundhia, Mehsana vs. The CIT(Exemption), Ahmedabad

In the result, both appeals of the assessee are allowed for statistical purposes

ITA 2184/AHD/2024[NA]Status: DisposedITAT Ahmedabad27 Mar 2025

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.2184/Ahd/2024 & 2185/Ahd/2024 िनधा"रण वष" /Assessment Year : - Shree Sarvajank Muktidham The Cit (Exemption) बनाम/ Trust Sundhia Ahmedabad – 380 015 V/S. At Sundhiya, Vadnagar Mehsana – 384 345 "थायी लेखा सं./Pan: Aabts 8092 G अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Dhrunal Bhatt & Shri Gulab Thakor, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 26 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 27 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: These Two Appeals By The Assessee Are Directed Against Separate Orders Dated 13.11.2024 & 15.11.2024 Passed By The Ld. Commissioner Of Income Tax (Exemption), Ahmedabad [Hereinafter Referred To As "Cit(Exemption)"], Rejecting The Applications Of The Assessee For Registration Under Section 12Ab & Approval Under Section 80G(5) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"]. Since The Facts & Issues Arising In Both Appeals Are Common, They Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience.

For Appellant: Shri Dhrunal Bhatt &For Respondent: Shri Rignesh Das, Sr.DR
Section 12ASection 80G(5)

Shri Vachaspati Educational Trust, Thane vs. CIT (Exemptions), Pune

In the result, the appeal filed by the assessee stands dismissed as ‘withdrawn’

ITA 518/PUN/2025[2025-26]Status: DisposedITAT Pune26 Mar 2025AY 2025-26

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.518/Pun/2025 िनधा"रण वष" / Assessment Year : 2025-26 Shri Vachaspati Educational Vs. Cit, Exemption, Pune. Trust, B/501, Varsha Tower, Sai Baba Nagar- 401107. Pan : Aahts4584L Appellant Respondent Assessee By : None Revenue By Shri Ajay Kumar Keshari : Date Of Hearing : 26.03.2025 Date Of Pronouncement : 26.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.11.2024 Passed By Ld. Cit, Exemption, Pune Rejecting The Application For Registration U/S 12Ab Of The It Act. 2. When The Matter Had Come Up For Hearing, None Appeared On Behalf Of The Assessee Despite Due Service Of Notice Of Hearing. However, The Appellant Filed A Letter Seeking Permission To Withdraw The Above Captioned Appeal. It Was Mentioned In The 2 Above Application That Due To An Inadvertent Error In The Memo Of Appeal The Jurisdiction Of The Assessing Officer Was Mentioned As Pune, Whereas The Correct Jurisdiction Is Thane. As Soon As The Mistake Was Realized The Assessee Sent An Email On 28.02.2025 To The Registry Of Itat, Pune Bench, Pune Requesting For Withdrawal Of Above Appeal. It Is Further Submitted That The Assessee Has Already Filed Corrected Appeal On 03.03.2025 Before Itat, Mumbai Benches, Mumbai. Under The Above Facts Prayer Was Made To Permit Withdrawal Of The Above Said Appeal. 3. Ld. Dr Had Expressed No Objection To Permit The Withdrawal Of The Appeal. 4. In The Circumstances, We Hereby Grant Permission To The Appellant To Withdraw The Appeal. Accordingly, The Above Captioned Appeal Stands Dismissed As ‘Withdrawn’. 5. In The Result, The Appeal Filed By The Assessee Stands Dismissed As ‘Withdrawn’. Order Pronounced On This 26Th Day Of March, 2025. (R. K. Panda)पुणे / Pune; "दनांक / Dated : 26Th March, 2025. Sujeet

For Appellant: None
Section 12A