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Section 12

Section 12 of Income Tax Act, 1961

Latest Articles


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 492 Views 0 comment Print

Taxability of income of charitable or religious trusts

Income Tax : Understand the taxability, registration, and exemption provisions for charitable and religious trusts under Sections 11–13, incl...

November 8, 2025 18468 Views 2 comments 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 14463 Views 2 comments Print

Section 12AB Renewal for Small Charitable Trusts: 5-Year vs. 10-Year Validity

Income Tax : Does the Finance Act, 2025, extend 12AB registration from 5 to 10 years for trusts under Rs. 5 Cr? See if sma...

September 29, 2025 8706 Views 2 comments Print

GST on Post-Supply Price Revisions for Export of goods with IGST payment

Goods and Services Tax : An analysis of GST treatment on post-supply price revisions for exports with IGST payments. Learn about debit and credit notes, in...

August 9, 2025 3297 Views 1 comment Print


Latest Judiciary


12A Registration Cannot Be Rejected Solely for Wrong Clause Selection in Form 10AB: ITAT Nagpur

Income Tax : The Tribunal condoned a 60-day delay after accepting explanations relating to migration of the ITAT portal and the death of a fami...

May 22, 2026 96 Views 0 comment Print

SC Allows Deduction of Grants as They Were Part of Statutory Business Activity

Income Tax : The Supreme Court held that grants disbursed by a statutory corporation formed part of its core business functions and qualified a...

May 20, 2026 213 Views 0 comment Print

Educational Trust Registration Renewal Cannot Be Denied Over Earlier Allegations

Income Tax : PCIT had erroneously mixed up the scope of renewal proceedings with cancellation proceedings under Section 12AB(4). Further, Settl...

May 11, 2026 192 Views 0 comment Print

Exports of Iron Ore must be assessed on Wet Metric Tonne (WMT) basis and not on Dry Metric Tonne (DMT) basis

Custom Duty : For export transactions occurring before the Finance Act, 2022 amendment, the determination of iron ore fines (Fe content) must be...

May 7, 2026 258 Views 0 comment Print

Delay in Filing Form 10B Not Grounds to Deny Section 11 Exemption When Report Was Filed Before Processing

Income Tax : Mumbai ITAT held that no further profits can be attributed to a DAPE once the Indian agent is remunerated at arm’s length for al...

May 7, 2026 189 Views 0 comment Print


Late Filing of Form 10B/10BB Not Fatal: ITAT Kolkata Grants Trust Exemption

November 6, 2025 981 Views 0 comment Print

ITAT Kolkata ruled that a charitable trust’s exemption under Section 11/10(23C) cannot be denied for technical lapse of belatedly filing Form 10B/10BB. Audit report was available when return was processed.

Liquidation u/s. 33(1)(b) of IBC admitted in view of rejection of resolution plan

November 3, 2025 660 Views 0 comment Print

NCLT Ahmedabad held that Corporate Debtor [Shree Ram Cottex Industries Pvt. Ltd.] is admitted into liquidation in terms of provisions of section 33(1)(b) of the Insolvency and Bankruptcy Code, 2016 in view of rejection of resolution plan u/s. 31(2) for non-compliance with statutory requirements.

P&H High Court Directs CBDT to Extend ITR Deadline to 30th Nov 2025

November 1, 2025 558 Views 0 comment Print

Punjab and Haryana High Court directed CBDT to issue a circular extending the ITR due date for audit cases to 30th November 2025. The extension follows Section 44AB and Explanation 2(a) to Section 139(1). Taxpayers now have sufficient time between submission of audit reports and filing of returns.

Charitable Exemption Upheld: AO Must Accept Valuer Report If DVO Reference Not Made

October 30, 2025 702 Views 0 comment Print

The ITAT Delhi affirmed the grant of Section 11 exemption to a charitable society, ruling that if the Assessing Officer fails to make a mandatory reference to the DVO to question a valuation, the registered valuer’s report must be accepted. Since the purchase price was lower than the valuer’s estimate, no benefit accrued to related persons.

Charitable Trusts Not Claiming Section 11 Exemption Taxable at Normal Slab Rates

October 29, 2025 735 Views 0 comment Print

Tribunal held that charitable or religious trusts that have surrendered their registration and do not claim benefits under Section 11 are to be taxed at normal slab rates applicable to AOPs, not at the maximum marginal rate. The ruling relied on CBDT Circular No. 320 of 1982.

Delay in 80G Registration Due to Portal Glitches Condoned by ITAT Mumbai

October 29, 2025 621 Views 0 comment Print

ITAT Mumbai sets aside CIT(E) order, holding Mohanji Bharat Welfare Foundation’s 80G registration application was timely, interpreting the six-month deadline from provisional approval expiry. 

Payments to Partner NGOs is Application of Income: ₹1.89 Cr Addition Deleted by ITAT Delhi

October 28, 2025 453 Views 0 comment Print

The case addressed the disallowance of Rs.1.89 Cr, which the AO treated as a donation to other trusts and deemed income under S 11(3). The ITAT deleted the addition, ruling that payments made to other NGOs for executing charitable projects under the Trust’s supervision and control constitute genuine application of income, not donation.

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

October 28, 2025 14463 Views 2 comments Print

A summary of the tax framework governing charitable entities in India, covering the definition of ‘charitable purpose,’ mandatory registration under Section 12AB, audit requirements, taxation of accumulated and anonymous donations, and consequences including the cancellation of registration and levy of accreted income tax.

Additional duty of customs u/s. 3(1) leviable on imported natural rubber

October 24, 2025 297 Views 0 comment Print

CESTAT Bangalore held that additional duty of customs is very much leviable under Section 3(1) of the Customs Tariff Act in respect of imported natural rubber equal to the duty of excise levied as cess under Section 12 of the Rubber Act, 1947. Accordingly, refund rightly denied and appeal rejected.

Reopening Based Only on ACB Report: ITAT Quashes All 147 & 263 Orders

October 24, 2025 786 Views 0 comment Print

The Ahmedabad ITAT has struck down reassessment orders against Arpanbhai Virambhai Desai, holding that the AO’s reliance solely on an ACB disproportionate assets report without independent application of mind or specifying escaped income is “borrowed satisfaction,” invalidating the Section 147 jurisdiction.

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