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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


Hiding Pending Criminal Cases Bars Government Jobs: SC

January 13, 2026 1083 Views 0 comment Print

The Supreme Court held that repeated non-disclosure of pending criminal cases in attestation and verification forms is fatal to candidature. Truthful disclosure at entry is mandatory, regardless of later acquittal or clarification.

Amalgamation Shares Taxable Only If Real Income Arises

January 9, 2026 789 Views 0 comment Print

The Supreme Court examined whether shares received on amalgamation can be taxed as business income when held as stock-in-trade. It ruled that tax arises only if the substitution results in a real, commercially realizable gain, not a mere statutory replacement.

Wrong Form 10BB Entry Leads to Denial of Section 11 Exemption

January 9, 2026 654 Views 0 comment Print

Exemption was curtailed because the auditor reported application from past accumulations. The Tribunal ruled CPC acted correctly but allowed reassessment based on corrected Form 10BB.

SEZ Electricity Not Liable to Customs Duty Due to No Import Event: SC

January 7, 2026 705 Views 0 comment Print

The Court held that electricity generated in an SEZ and supplied domestically is not an import under customs law. In the absence of a charging section, the levy was declared unconstitutional and refunds were ordered.

Internal Government Process No Ground for Delay Condonation

January 2, 2026 378 Views 0 comment Print

The Tribunal held that delays caused by internal approvals from senior officials cannot justify late filing. Lack of due diligence by officials led to outright dismissal of the appeal.

Consultancy Fees Held Not Taxable Due to Failure of “Make Available” Test

January 1, 2026 720 Views 0 comment Print

The Tribunal ruled that advisory and consultancy services could not be taxed as Fees for Included Services because no technical knowledge was transferred to clients.

Exemption Allowed Because Auditorium Hiring Was Incidental to Charity

December 30, 2025 351 Views 0 comment Print

The issue was whether renting out an auditorium made a theatre trust commercial in nature. The Tribunal held that such receipts did not defeat charitable status and upheld ex-emption under sections 11 and 12.

Charitable Status Denied Because Activities Were Commercial in Nature

December 30, 2025 429 Views 0 comment Print

The issue was whether software development and start-up consultancy could qualify as charitable purposes. The Tribunal held that such activities are commercial in nature and do not fall under section 2(15), justifying denial of registration.

CSR Grants Are Tied-Up Funds, Not Free Income of Charitable Trust

December 30, 2025 477 Views 0 comment Print

The Tribunal held that CSR contributions received with strict donor directions and refund obligations may constitute tied-up grants rather than freely available income. Such funds require factual examination before taxing them under section 11.

Section 11 Exemption Allowed Despite Delay in Form 10BB

December 30, 2025 891 Views 0 comment Print

The tribunal held that delay in filing Form 10BB is only a procedural lapse and not a substantive bar to exemption. Where the audit report was available before processing, denial of section 11 exemption was unsustainable.

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