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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 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


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

January 28, 2025 2319 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 927 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 552 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 960 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 1167 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 1041 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 531 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 1179 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.

Duty demand due to non-fulfilment of export obligation justifiable: CESTAT Chennai

January 9, 2025 894 Views 0 comment Print

CESTAT Chennai held that duty demand due to non-fulfilment of export obligation justified as department empower to recover escaped duty when post importation conditions are not fulfilled. Accordingly, appeal dismissed.

Customs duty payable on quantity of crude oil actually received in shore tank in India

December 31, 2024 585 Views 0 comment Print

CESTAT Bangalore held that the quantity of crude oil actually received into a shore tank in a port in India should be the basis for payment of customs duty. Thus, customs duty needs to be calculated based on crude oil received in shore tank.

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