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Section 12

Section 12 of Income Tax Act, 1961

Latest Articles


Taxation of Charitable & Religious Trusts: A Guide to Sections 11–13 – Part-II

Income Tax : This analysis explains how Parliament designed Sections 11 to 13 to ensure that tax-free income is ultimately used for charitable ...

June 10, 2026 3012 Views 0 comment Print

Taxation of Charitable & Religious Trusts: A Guide to Sections 11–13 – Part-I

Income Tax : This analysis explains how charitable and religious trusts qualify for exemption under Sections 11 to 13 of the Income-tax Act. It...

June 7, 2026 4554 Views 1 comment Print

Taxability of income of charitable or religious trusts

Income Tax : The document highlights situations where exemptions under Sections 11 and 12 can be withdrawn, including benefits provided to inte...

June 7, 2026 18846 Views 2 comments Print

Prior exemption claims under Sections 11 & 12 cannot justify denial of 80G approval

Income Tax : Courts held that prior exemption claims under Sections 11 and 12 cannot justify denial of 80G approval. The key takeaway is that b...

March 20, 2026 540 Views 0 comment Print

FAQs on taxation of charitable or religious trusts under Income Tax Act, 1961

Income Tax : A summary of the tax framework governing charitable entities in India, covering the definition of 'charitable purpose,' mandatory ...

October 28, 2025 15078 Views 2 comments Print


Latest Judiciary


Denial of Section 11 Exemption Doesn’t Trigger Section 115BBE: ITAT Mumbai

Income Tax : The Tribunal held that the special tax regime under Section 115BBE is confined to additions made under Sections 68 to 69D. Additio...

June 13, 2026 90 Views 0 comment Print

Capital Spending on School Infrastructure is Application of Income: ITAT Delhi

Income Tax : The ITAT held that once registration under Section 12AB was ultimately granted on the basis of the original application, the doctr...

June 11, 2026 252 Views 0 comment Print

CIT(E) Cannot Judge Hospital Tariffs to Decide Charity: ITAT Restores Reliance Hospital Trust’s U/s 12AB Registration

Income Tax : The Tribunal ruled that premium rooms, higher tariffs, and specialized medical facilities cannot by themselves establish a profit ...

June 11, 2026 438 Views 0 comment Print

Draft Order or Final Order in Disguise? ITAT Quashes Assessment for Violating Section 144C

Income Tax : Mumbai ITAT held that an order labelled as a draft assessment order loses its character if accompanied by demand notices and penal...

June 11, 2026 180 Views 0 comment Print

Loan Repayment Does Not Prevent Deemed Dividend Taxation: ITAT Delhi

Income Tax : The ITAT Delhi held that an interest-bearing loan can still be taxed as deemed dividend where all statutory conditions under Secti...

June 7, 2026 102 Views 0 comment Print


Latest Posts in Section 12

Denial of Section 11 Exemption Doesn’t Trigger Section 115BBE: ITAT Mumbai

June 13, 2026 90 Views 0 comment Print

The Tribunal held that the special tax regime under Section 115BBE is confined to additions made under Sections 68 to 69D. Additions arising under normal provisions of the Act cannot automatically attract higher taxation.

Capital Spending on School Infrastructure is Application of Income: ITAT Delhi

June 11, 2026 252 Views 0 comment Print

The ITAT held that once registration under Section 12AB was ultimately granted on the basis of the original application, the doctrine of relating back applied. As a result, exemption under Sections 11 and 12 could not be denied for the relevant assessment year.

CIT(E) Cannot Judge Hospital Tariffs to Decide Charity: ITAT Restores Reliance Hospital Trust’s U/s 12AB Registration

June 11, 2026 438 Views 0 comment Print

The Tribunal ruled that premium rooms, higher tariffs, and specialized medical facilities cannot by themselves establish a profit motive. Charitable status must be tested on statutory criteria rather than perceptions of affordability or luxury.

Draft Order or Final Order in Disguise? ITAT Quashes Assessment for Violating Section 144C

June 11, 2026 180 Views 0 comment Print

Mumbai ITAT held that an order labelled as a draft assessment order loses its character if accompanied by demand notices and penalty initiation. Failure to comply with Section 144C renders the assessment void and without jurisdiction.

Taxation of Charitable & Religious Trusts: A Guide to Sections 11–13 – Part-II

June 10, 2026 3012 Views 0 comment Print

This analysis explains how Parliament designed Sections 11 to 13 to ensure that tax-free income is ultimately used for charitable or religious purposes. The key takeaway is that exemption depends on genuine application of income and compliance with statutory safeguards.

Loan Repayment Does Not Prevent Deemed Dividend Taxation: ITAT Delhi

June 7, 2026 102 Views 0 comment Print

The ITAT Delhi held that an interest-bearing loan can still be taxed as deemed dividend where all statutory conditions under Section 2(22)(e) are satisfied. Repayment of the loan did not alter its tax treatment.

Taxation of Charitable & Religious Trusts: A Guide to Sections 11–13 – Part-I

June 7, 2026 4554 Views 1 comment Print

This analysis explains how charitable and religious trusts qualify for exemption under Sections 11 to 13 of the Income-tax Act. It highlights application of income, accumulation rules, anti-abuse provisions, and a detailed computation model for exempt and taxable income.

Taxability of income of charitable or religious trusts

June 7, 2026 18846 Views 2 comments Print

The document highlights situations where exemptions under Sections 11 and 12 can be withdrawn, including benefits provided to interested persons, impermissible investments, and violations of charitable purpose conditions.

Charitable Trust Exemption Allowed as Delay in Form No. 10 Filing cannnot Defeat Genuine Claim

May 29, 2026 195 Views 0 comment Print

The ITAT held that exemption under Sections 11 and 12 could not be denied merely due to issues relating to filing of Form No. 10. The Assessing Officer was directed to grant relief in accordance with law.

Charitable Trust Exemption Restored as Delay in Form 10B Filing Alone cannot Defeat Claim

May 29, 2026 168 Views 0 comment Print

The ITAT held that exemption under Sections 11 and 12 could not be denied solely due to delayed filing of Form 10B. The matter was remanded for verification and grant of eligible exemption.

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