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Section 12

Section 12 of Income Tax Act, 1961

Latest Articles


Charitable Trusts Registration & Violation Amendments in Budget 2025: FAQs

Income Tax : The Finance Bill 2025 introduces amendments for trust registration, extending validity to 10 years for certain trusts and clarifyi...

February 2, 2025 2289 Views 0 comment Print

Taxation of Charitable Trusts Not Registered Under Income Tax Act, 1961

Income Tax : ITAT Delhi upholds CIT(E) order in ITO Vs Mehta Charitable Prajanalaya Trust, disallowing unrelated expenses and clarifying deduct...

November 18, 2024 9057 Views 2 comments Print

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

Income Tax : AQs on charitable trusts, covering registration under Section 12AB, income tax rules, donation management, audit requirements, and...

August 23, 2024 7497 Views 0 comment Print

Section 12,12A, 12AA, 12AB: Analysis, Registration Procedure, Exemption & FAQs

Income Tax : Understand the income of trusts or institutions, including registration, exemptions, and FAQs. Learn about Sections 12A, 12AA, and...

June 7, 2024 21327 Views 0 comment Print

Understanding Section 43B(h) | Impact on MSME Payments

Income Tax : Understand the impact of Section 43B(h) on businesses: Learn about deductions for MSME payments and the importance of timely payme...

April 2, 2024 12249 Views 3 comments Print


Latest Judiciary


Tribunal Cannot Decide Merits After Ruling Appeal Not Maintainable: Bombay HC

Income Tax : The bench stated that Tribunal after concluding that the BCCI's Appeal before it “was not maintainable”, exceeded its jurisdic...

March 5, 2025 234 Views 0 comment Print

Financial creditor not prohibited to take remedy u/s. 7 even if dispute pending in arbitration

Corporate Law : NCLAT Delhi held that any dispute even pending in the arbitration does not in any manner prohibit the financial creditor to take r...

February 26, 2025 156 Views 0 comment Print

No retrospective cancellation of Section 12A registration of Trust: ITAT Pune

Income Tax : M.M. Patel Charitable Trust Vs PCIT (Central) (ITAT Pune) In a significant ruling, the Income Tax Appellate Tribunal (ITAT) Pune h...

February 22, 2025 657 Views 0 comment Print

Revenue cannot deviate from prior years decisions without demonstrating change in factual matrix

Income Tax : It is also noteworthy that the learned Departmental Representative (DR), during the hearing, did not point out any material differ...

February 15, 2025 90 Views 0 comment Print

Section 80G Approval: Error in Application Clause – ITAT Mumbai Remands for Reconsideration

Income Tax : ITAT Mumbai remands Rotary Charity Trust’s 80G approval case due to an inadvertent section error in Form 10AB. Matter sent back ...

February 15, 2025 936 Views 0 comment Print


Registration u/s. 12AB to trust having objects confined to particular community rightly denied

January 30, 2025 162 Views 0 comment Print

ITAT Ahmedabad held that the Assessee Trust being purely a religious activities of particular Community is not entitled for registration as a specified violation under Explanation [d] of Section 12AB(4) of the Income Tax Act.

Exemption u/s. 11 and 12 available as agreement entered didn’t violated purpose of charity

January 28, 2025 141 Views 0 comment Print

ITAT Ahmedabad held that agreement for transfer of operations, management and movable assets didn’t violated the purpose of charity and hence exemption under section 11 and 12 of the Income Tax Act duly available.

Incidental Commercial Activities Allowed Within Threshold for Tax Exemptions U/s. 11 & 12

January 28, 2025 1050 Views 0 comment Print

Entities advancing general public utility could engage in trade or business only if such activities were incidental to their primary charitable objectives and adhered to specific quantitative thresholds.

No confiscation of seized Gold under Customs Act based on invalid Letter Of Approval

January 21, 2025 105 Views 0 comment Print

The Officers found that factory was operational. On being demanded, Sujit Kumar Bera produced all the gold available in the factory. Total quantity of gold was found to be 2417 grams.

No denial of registration u/s 12AB based on potential commercial activity in the future

January 20, 2025 192 Views 0 comment Print

CIT(E) was not justified in denying assessee’s applications for final registration u/s 12AB / final approval u/s 80G as assessee had done only charitable activities till now and not undertaken any activity contemplated by object No. 2 & 3.

National commission cannot re-write terms of contract entered between bank and credit cardholder

January 18, 2025 453 Views 0 comment Print

Supreme Court held that the National Commission had no jurisdiction to re-write the terms of the contract entered between the banks and the credit cardholders, which the parties have mutually agreed to be bound by.

Authorities cannot retain seized cash after expiry of period for framing assessment u/s. 153A

January 17, 2025 510 Views 0 comment Print

Delhi High Court held that income tax authorities cannot retain seized cash once time period for framing an assessment under section 153A of the Income Tax Act has expired and there is no outstanding demand. Accordingly, petition disposed of.

Delay in Form 10B Filing: ITAT Directs CIT(A) to Review Petition

January 16, 2025 579 Views 0 comment Print

ITAT remands case to CIT(A) for review of delayed Form 10B filing by Jagadguru Shivanand Human Welfare Association. Appeals for Section 11 exemption continue.

Exemption u/s 11 & 12 denied ignoring extended date of filing: ITAT directed to consider extended date

January 13, 2025 297 Views 0 comment Print

In the matter abovementioned ITAT directed the CPC to consider the due date as extended by the CBDT for the purpose of claim of exemption under section 11 & 12 of the IT Act. Assessee, being a society, filed its ITR for AY 2018- 19 after due date on 29.10.2018 along with audit re-port. Due to which exemption u/s 11 & 12 was denied by CPC.

One Time Settlement request cannot be entertained by sole financial creditor post initiation of CIRP: Telangana HC

January 11, 2025 507 Views 0 comment Print

Telangana High Court held that sole financial creditor cannot entertain request of One Time Settlement once corporate debtor enters in Corporate Insolvency Resolution Process (CIRP). Accordingly, petition dismissed.

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