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Section 12A

Latest Articles


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 3219 Views 0 comment Print

Exemption claimed under wrong section cannot be denied

Income Tax : Learn why exemptions claimed under the wrong section in Income Tax Returns can be rectified under Section 154. Explore legal prece...

April 8, 2024 2019 Views 0 comment Print

Dark Side of Provisional Registration U/s 12A and 80G of Income Tax Act, 1961

Income Tax : Discover the challenges faced by NGOs with provisional registration under Sections 12A and 80G of the Income Tax Act, 1961. Explor...

April 8, 2024 2556 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 11346 Views 3 comments Print

Issues of section 12AB Registration to General Public Utility Organisation

Income Tax : Explore the intricacies of Section 12AB registration for General Public Utility (GPU) organizations under the Income Tax Act. Lear...

March 23, 2024 1338 Views 0 comment Print


Latest News


Draft Guidance Note on Income-tax Audit Reports under Section 12A/10(23C)

Income Tax : Engage in shaping tax audit guidelines! Direct Taxes Committee invites public comments on the Exposure Draft for Guidance Note on ...

April 29, 2024 2085 Views 0 comment Print

Representation on Incorrect/Delay In Submitting Application U/S 12A(1)(ac)

CA, CS, CMA : Explore the challenges faced by Charitable Trusts due to delays or errors in submitting applications under Section 12A(1)(ac) of t...

April 8, 2024 9654 Views 1 comment Print

Request to relax confusion created in new registration regime for charitable organizations

Income Tax : Karnataka State Chartered Accountants Association made a representation on 31.10.2022 to Minister of Finance Smt. Nirmala Sitharam...

November 3, 2022 7089 Views 1 comment Print

Technical Guide on Audit of Charitable Institutions under Section 12A of Income-tax Act, 1961

Income Tax : Technical Guide on Audit of Charitable Institutions under Section 12A of Income-tax Act, 1961 provides guidance on audit of Public...

September 22, 2022 3783 Views 0 comment Print

CAG report on Income Tax Exemptions to Charitable Trusts & Institutions

Income Tax : CAG noticed ineffective monitoring of accumulation of income and its utilization, ineffective monitoring of receipts and utilizati...

August 9, 2022 1449 Views 0 comment Print


Latest Judiciary


Cancellation of registration post-donation not invalidate Section 35(1)(ii) deduction

Income Tax : Chemstar International Vs DCIT (ITAT Mumbai) mere suspicion or cancellation of registration post-donation not invalidate initial e...

July 15, 2024 150 Views 0 comment Print

Section 11(1)(d) Exemption allowable to Corpus donations received by trust

Income Tax : Gujarat High Court ruled on N H Kapadia Education Trust vs ACIT, addressing the corpus donation eligibility for exemption under Se...

July 11, 2024 441 Views 0 comment Print

Notice uploaded on Portal but not mailed: ITAT directs reconsideration of Section 12A & 80G applications

Income Tax : Explore the ITAT Delhi's ruling on Raghunandan Mishra Charitable Trust's 12A and 80G registration applications. Analysis of CIT(Ex...

July 9, 2024 417 Views 0 comment Print

Delhi HC Denies Tax Exemption to Trust Charging Capitation Fee

Income Tax : Explore the Delhi High Court's judgment on ITSC's conclusive nature for AY, assessing reassessment under Section 148 of the Income...

July 9, 2024 162 Views 0 comment Print

Gem & jewellery Exhibitions for members benefit not commercial Activity: ITAT allows Section 11 exemption to GJEPC

Income Tax : ITAT Mumbai rules on DCIT vs Gem and Jewellery Export Promotion Council case, clarifying exhibition activities are not trade and c...

July 8, 2024 207 Views 0 comment Print


Latest Notifications


CBDT amends rules pertaining to registration, approval & activities of Institutions, trusts & funds

Income Tax : The amendments brought about by Notification No. 45/2023 – Income-Tax (Income-tax (Eleventh Amendment) Rules, 2023) encompas...

June 23, 2023 8715 Views 1 comment Print

CBDT extends last date for filing of Form No.10AB

Income Tax : CBDT extends the last date for filing of Form No.10AB for seeking registration or approval under Section 10(23C), 12A or 80G of th...

March 31, 2022 13971 Views 0 comment Print

CBDT notifies New Income Tax Rules & Forms for Trust & NPOs

Income Tax : CBDT issues Notification no. 19/2021 dated 26/03/2021 pertaining to procedure for registration of fund/ trust/charitable instituti...

March 26, 2021 127332 Views 1 comment Print

Time allowed for filing of return of income by Trust claiming exemption

Income Tax : Thus, for a trust registered u/s 12AA of the Act to avail the benefit of exemption u/s 11 shall inter-alia file its return of inco...

April 23, 2019 29583 Views 3 comments Print


Article 265 of the Constitution mandates refund of excess Income tax paid

May 9, 2023 2022 Views 0 comment Print

ITAT Delhi held that Article 265 of the Constitution mandates that no tax shall be levied or collected except by authority of law. If tax has been paid in excess, same has to be refunded to the assessee.

SC allows tax exemption to Trust Registered in year 1987 despite not applying for registration in 1997

May 8, 2023 1629 Views 0 comment Print

Assessee continued to be granted the exemption under Section 12A of the Act. It is the case on behalf of the appellant that till 1987 there was no requirement of issuance of any certificate of registration of Section 12A and only filing an application for registration under Section 12A and processing the same by the Department was sufficient.

Registration under 12AA granted as activities carried are not in nature of trade, commerce or business

May 2, 2023 996 Views 0 comment Print

ITAT Jaipur held that as the activities carried out by the appellant (Rajasthan Para-Medical Council) are not in the nature of trade, commerce or business, hence registration under section 12AA should be granted.

Before 01.04.2021 Section 12AA registration once granted is valid till withdrawn by a specific order

April 28, 2023 798 Views 0 comment Print

Dolphin Educational Foundation Vs Income Tax Officer (ITAT Chennai) As per provisions of section 12AA of the Act, once a trust is registered u/s. 12AA, it is permanent unless it was withdrawn by a specific order from the authority. However, the law has been amended by the Finance Act, 2020 w.e.f. 01.04.2021 and as per […]

Taxation of Trust

April 12, 2023 82041 Views 0 comment Print

Understand the taxation of trusts in India, covering registered and unregistered trusts. Learn about relevant sections, exemptions, and tax implications for trusts and associations of persons (AOPs).

Forfeiture of property justifiable as major part of investment remained unexplained

April 8, 2023 1032 Views 0 comment Print

Supreme Court held that forfeiture of property in exercise of power under section 7 of Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 justifiable in absence of proper explanation as to the source of acquisition and as majority of investment remains unexplained.

Reassessment proceedings without any new tangible material is unsustainable in law

March 25, 2023 957 Views 0 comment Print

Bombay High Court held that re-assessment proceedings, in absence of any failure to disclose any material fact and without any new tangible material which was not available at the time of passing of the original assessment order, is unsustainable.

Section 56(2)(x) not attracted to trust created for benefit of members/relative of settler identified as beneficiaries

March 18, 2023 4632 Views 0 comment Print

ITAT Mumbai held that provisions contained in section 56(2)(x) of the Income Tax Act are not attracted in case of the trust created for the benefit of the members / relatives of the settler who have been identified as beneficiaries.

GST, Income Tax, FCRA & Other Compliances of Charitable Entities

February 2, 2023 6513 Views 5 comments Print

3 essential compliances for charitable organizations: registration under Section 12AB, GST, & FCRA. Know your Income Tax requirements!

Conditional approval under section 80G by PCIT is unsustainable

January 19, 2023 1152 Views 0 comment Print

ITAT Mumbai held that granting of conditional approval under section 80G of the Income Tax Act by PCIT/CIT is unsustainable in the eyes of law.

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