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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 14466 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 99 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


Delay of 29 days in filing Form No. 10B condoned as denial of exemption u/s. 11 will cause genuine hardship

October 4, 2025 603 Views 0 comment Print

Bombay High Court held that denial of exemption under section 11 of the Income Tax Act for delay of mere 29 days in filing of Form No. 10B is not justifiable since denial of exemption is likely to cause genuine hardship to the Charitable Trust.

Section 11 & 12 Exemption cannot Be Denied Merely for Late Form 10B, Corpus Donations Exemption Cannot Be Denied Without Hearing

October 1, 2025 1080 Views 0 comment Print

Chennai ITAT set aside the denial of Sections 11 & 12 tax exemption to a Trust, directing the AO to re-examine the claim after the CCIT decides on the pending Form 10B late filing condonation petition.

Loss on foreign currency derivative transaction and exchange rate difference allowed as expense

September 29, 2025 372 Views 0 comment Print

ITAT Ahmedabad held that loss on foreign currency derivative transactions and loss on account of exchange rate difference are not speculative in nature and hence the same is allowable as business expense. Accordingly, order passed by Pr. CIT u/s. 263 directed to be quashed.

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

September 29, 2025 8706 Views 2 comments Print

Does the Finance Act, 2025, extend 12AB registration from 5 to 10 years for trusts under Rs. 5 Cr? See if small trusts must still file Form 10AB by Sep 30, 2025.

Non-Receipt of Notice & CA’s Death Justifies Non-Compliance: ITAT Bangalore

September 28, 2025 522 Views 0 comment Print

ITAT Bangalore held that non-compliance with tax notices due to notices being sent to wrong email IDs and the demise of the assessee’s Chartered Accountant constitutes sufficient cause. The issue was restored to the AO for fresh adjudication

ITAT Delhi Deletes Rs.8.16 Cr Addition on Share Capital & Commission – AO’s Suspicion Insufficient

September 27, 2025 393 Views 0 comment Print

ITAT Delhi quashes Rs.8.16 crore addition on share capital and commission, emphasizing that mere suspicion without evidence cannot justify tax additions. Investor genuineness and banking records were upheld.

Levy of export duty on goods supplied from DTA to SEZ not justifiable: Supreme Court

September 25, 2025 1224 Views 0 comment Print

Supreme Court held that High Court has rightly arrived to the conclusion that the levy of export duty on goods supplied from the Domestic Tariff Area [DTA] to the Special Economic Zone [SEZ] is not justified.

ITAT Kolkata Condoned 440-Day Delay, Remands Appeal on Section 12A Exemption Claim

September 25, 2025 369 Views 0 comment Print

ITAT Kolkata allows Durgapur Education Society’s appeal, remanding the case to the CIT(A) for fresh consideration. The Tribunal condoned a 369-day delay and ordered examination of the society’s S. 12A exemption claim and its retrospective application for AY 2015-16.

Belated Return Not Fatal for Section 11 Exemption Prior to AY 2018-19: ITAT Cochin

September 24, 2025 429 Views 0 comment Print

The ITAT Cochin has ruled that a charitable trust’s belated return filing for AY 2014-15 is not a valid reason to deny an exemption under Section 11. The court clarified that the condition for timely filing became a legal requirement only from AY 2018-19.

Exemption u/s 11 and 12 could not be denied to Charitable Trust if Audit Report was filed by extended due date even if after the filing of ITR

September 24, 2025 1533 Views 0 comment Print

Both return and Form 10B were filed within extended due date (31.10.2018). Thus, substantive compliance was achieved. Filing of audit report after the return but before expiry of due date could not be construed as fatal non-compliance.

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