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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


Appeals Rejected Due to Unexplained Nine-Year Delay in Filing

December 29, 2025 321 Views 0 comment Print

The assessee sought relief citing internal lapses and adviser dependence. The Tribunal ruled that consistent audits and filings undermined claims of ignorance. Long delays require specific, convincing justification, which was absent.

Reassessments Quashed Due to Lack of Year-Specific Seized Material: SC

December 28, 2025 450 Views 0 comment Print

The Court held that reassessment notices failed because seized documents did not relate to the relevant assessment years. Jurisdiction under Section 153C was therefore not validly assumed.

Filing ITR-7 Instead of ITR-5 Doesn’t Invite Automatic Disallowance

December 27, 2025 702 Views 0 comment Print

The issue was whether filing ITR-7 instead of ITR-5 justified blanket disallowance of expenses. ITAT held that wrong ITR selection is a procedural lapse and cannot wipe out genuine expenditure.

Cement and packing materials cannot be charged separately, consolidated sales tax rate applied

December 26, 2025 285 Views 0 comment Print

ACC Limited Vs State of Bihar (Patna High Court) Patna High Court held that packing materials namely gunny bags and HDPE bags are integral part of cement sales hence cannot be charged separately. Consolidated sales tax rate of 11% is applicable. Accordingly, appeals stand dismissed. Facts- The appellant, M/s ACC Limited, is a company incorporated under […]

Retention of Gold Upheld Because Section 132B Timeline Isn’t Mandatory

December 24, 2025 537 Views 0 comment Print

The Delhi High Court held that expiry of 120 days under Section 132B does not trigger automatic release of seized assets. The only consequence of delay is interest liability, reaffirming that AO’s satisfaction is essential.

Proviso to Section 2(15) Inapplicable to Solar Energy Promotion Activities: ITAT Delhi

December 22, 2025 315 Views 0 comment Print

Noting that exemption was allowed in multiple subsequent years on identical facts, the Tribunal rejected the Revenue’s stand. The addition and denial of exemption were accordingly set aside.

PF Delay Partly Disallowed, MAT Issue Sent Back for Verification

December 22, 2025 186 Views 0 comment Print

The Tribunal remanded the MAT issue after noting lack of factual verification on whether reserve withdrawals were credited to the P&L account. Key takeaway: MAT adjustments under section 115JB require strict, evidence-based verification.

Milk Procurement Incidental to Charitable Object; Section 11 Exemption Allowed

December 18, 2025 381 Views 0 comment Print

The tribunal held that milk procurement and sale by a charitable society were incidental to its primary object of helping small and marginal farmers, and exemption under Section 11 could not be denied.

ACB FIR Quashed Due to Lack of Sanction and Recycled Allegations

December 17, 2025 639 Views 0 comment Print

The Supreme Court held that an FIR based on previously closed complaints and filed without mandatory sanction is an abuse of process and must be quashed.

ITAT Ahmedabad grants 10-year registration u/s 12AB under amended law

December 16, 2025 309 Views 0 comment Print

SEO Description: The Tribunal held that post–Finance Act 2025, eligible trusts must receive ten-year registration under Section 12AB. A five-year registration granted after the amendment was therefore held invalid.

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