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

Popet, Baramunda Village vs. ITO, Exemption Ward, Berhampur

In the result, appeal of the assessee stands partly allowed for statistical purposes

ITA 548/CTK/2024[2024-2025]Status: DisposedITAT Cuttack29 Jan 2025AY 2024-2025

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year : 2024-25 Popet, Plot No.566, Infront Plot No.566, Infront Vs. Ito, Ito, Exemption Exemption Ward, Ward, Of Of Laxmi Laxmi Mandap, Mandap, Berhampur Baramunda Baramunda Village, Village, Baramunda Baramunda Colony Colony S.O. S.O. Bhubaneswar. Bhubaneswar. Pan/Gir No. No.Aabap 0397 F (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : S/Shri Prakash Kumar Jena, Dr. Sanjay Kr. Behura & Assessee By Kumar Jena, Dr. Sanjay Kr. Behura & Ananta Narayan Singhbabu, Advs Revenue By : Shri Saroj Kumar Dubey, Cit : Shri Saroj Kumar Dubey, Cit Dr Date Of Hearing : 29/01/20 2025 Date Of Pronouncement : 29/01/20 025 O R D E R Per Bench This Is An This Is An Appeal Filed By The Assessee Against The Order Of The Ld Gainst The Order Of The Ld Cit(E), Hyderabad Cit(E), Hyderabad Dated 22.11.2024 In Appeal No. Cit(E) Cit(E)/Hyd/2024- 25/12Aa/11661 For The Ass For The Assessment Year 2024-25. 2. S/Shri Prakash Kumar Jena, Dr. Sanjay Kr. Behura & Ananta Narayan S/Shri Prakash Kumar Jena, Dr. Sanjay Kr. Behura & Ananta Narayan S/Shri Prakash Kumar Jena, Dr. Sanjay Kr. Behura & Ananta Narayan Singhbabu, Ld Ars Appeared For The Singhbabu, Ld Ars Appeared For The Assessee & Shri Saroj Kumat Dubey, Assessee & Shri Saroj Kumat Dubey, Ld Cit Dr Appeared For The Revenue. Ld Cit Dr Appeared For The Revenue.

For Appellant: S/Shri Prakash Kumar Jena, Dr. Sanjay Kr. Behura &For Respondent: Shri Saroj Kumar Dubey, CIT
Section 12Section 12ASection 80

Shri Gayatri Tirth, Bharuch vs. CIT(Exemption), Ahmedabad

ITA 1149/SRT/2024[NA]Status: DisposedITAT Surat28 Jan 2025

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआ.अ.सं./Ita Nos.1141 & 1142/Srt/2024 (Hybrid Hearing) Shree Surat Rana Samaj, 47, Jagannath Society, Near Krishna Petrol Pump, Khatodara, Surat-395002, Gujarat) Vs Commissioner Of Income Tax (Exemption), Ahmedabad Room No. 609, 6Th Floor, Aayakar Bhawan (Vejalpur), Near Sachin Tower, 100 Foot Road, Anandnagar-Prahladnagar Road, Ahmedabad-380015 (Gujarat). Jurisdictional A.O., Exemption Ward, Surat. [Pan No. Aajts 6071 J] अपीलार्थी/Appellant प्रत्यर्थी /Respondent आ.अ.सं./Ita Nos.1143 & 1144/Srt/2024 Friends Group Morabhagal Charitable Trust, 3/A, Mitesh Dalal, Opp. Mora Bhagal Fire Station, Mora Bhagal, Surat-395005 (Gujarat) Vs Commissioner Of Income Tax (Exemption), Ahmedabad Room No. 609, 6Th Floor, Aayakar Bhawan (Vejalpur), Near Sachin Tower, 100 Foot Road, Anandnagar-Prahladnagar Road, Ahmedabad-380015 (Gujarat). Jurisdictional A.O., Exemption Ward, Surat. [Pan No. Aaatf 5673 J] अपीलार्थी/Appellant प्रत्यर्थी /Respondent आ.अ.सं./Ita Nos.1145 & 1146/Srt/2024 Aatmaunnati & Vsa Bharatiya Shri Gurubhakat Swanand Premal Mandal, Plot No. 70, Anand Park Society, Akhand Anand Coll Ve Ja Road, Surat-395004 (Gujarat) Vs Commissioner Of Income Tax (Exemption), Ahmedabad Room No. 609, 6Th Floor, Aayakar Bhawan (Vejalpur), Near Sachin Tower, 100 Foot Road, Anandnagar-Prahladnagar Road, Ahmedabad-380015 (Gujarat). Jurisdictional A.O., Exemption Ward, Surat. [Pan No. Aadta 9325 M] अपीलार्थी/Appellant प्रत्यर्थी /Respondent

Section 254(1)