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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 4866 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 2211 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 2784 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 11502 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 1464 Views 0 comment Print


Latest News


Budget 2024: Amendment in Income Tax provisions of Charitable Trusts & Institutions

Income Tax : Learn about the rationalisation of provisions for charitable trusts and institutions under the Income-tax Act, merging two regimes...

July 23, 2024 960 Views 0 comment Print

Budget 2024: Condonation of Delay for Trusts & Institutions’ Registration Applications

Income Tax : Understand amendments to trust registration timelines under Income-tax Act section 12A. Learn how delays can be condoned by the Co...

July 23, 2024 243 Views 0 comment Print

Draft Guidance Note on Income-tax Audit Reports under Section 12A/10(23C)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 2298 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 9780 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 7116 Views 1 comment Print


Latest Judiciary


Propagation of vedic thoughts and philosophy eligible for approval u/s. 80G: ITAT Bangalore

Income Tax : ITAT Bangalore held that propagation of vedic thoughts and philosophy is not religious activity but are more concerned with the li...

August 10, 2024 90 Views 0 comment Print

NIIT Foundation conducting systematic and formal instruction, schooling or training qualifies as education activities u/s 2(15)

Income Tax : Delhi High Court held that affiliation with and recognition by a regulatory authority are not essential attributes of education un...

July 31, 2024 237 Views 0 comment Print

Tax Effect Appeals Below Monetary Limit: Kerala HC Dismisses Dept’s Appeal

Income Tax : Kerala High Court dismisses Income Tax Department's appeal below Rs.1 crore limit, involving Kunhitharuvai Memorial Charitable Tru...

July 18, 2024 294 Views 0 comment Print

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 198 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 510 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 8877 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 14016 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 127533 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 29706 Views 3 comments Print


Registration of Trust cannot be cancelled for non-filing of I.T. return due to misdeeds of ex-president

January 6, 2021 2169 Views 0 comment Print

Wholesale Cloth Merchant Association Vs PCIT (ITAT Jaipur) ITAT observed that due to the negligence or cheating of past executive members and bad intention of misappropriation of funds by ex-president, they had not maintained the books of accounts and get their accounts audited by a chartered accountant. But after change of management and involvement of […]

Section 12A: Cancellation of trust registration with retrospective effect is invalid

January 6, 2021 5505 Views 0 comment Print

Wholesale Cloth Merchant Association Vs PCIT (ITAT Jaipur) We are of the opinion that in the present case the ld. Pr. CIT(C) has found or made allegation or objection of diversion or mis appropriations of funds and not filling the Audit report and ITR, if any only in A.Y. 2014-15 to 2016-17 & not in […]

Judgments of Charitable Trust Registration u/s 12A/12AA

January 3, 2021 9927 Views 0 comment Print

(1) Anand Escher Amar Charitable Cancer and Malty Specialty Hospital Society Vs. CIT (Exemption) Chandigarh 2019. 104 Taxman.com 369 (Amritsar Tribunal) 2019 176 ITD 424 (Amritsar) As the trust has not started activity as per Trust Deed. Registration was not granted. Tribunal observe that at the time of granting Registration only Object and genuineness are […]

Collecting fees for training from different organizations is not charitable activity

December 14, 2020 984 Views 0 comment Print

Where assessee-trust was collecting fees from different organizations towards training programmes and it also received rent for letting out its part premises; the CIT was justified in rejecting the assessee s application for grant of registration under section 12AA on the ground that the activities of the trust were not charitable, but were commercial in nature.

Society or trust not registered in India cannot be granted section 12A registration

December 10, 2020 6585 Views 0 comment Print

Evangelical Missionary Society Vs CIT (Exemptions) (ITAT Cuttack) Sec. 12A of the Income Tax Act lays down the provisions of Sec,11 & 12 shall not apply in relation to the income of any trust or institution unless the condition stated therein are fulfilled. The first condition for allowing the exemption u/s.11 is that the person […]

Section 12A exemption cannot be denied without considering merits of the case

October 29, 2020 4659 Views 0 comment Print

Thanthi Trust Vs DIT (Madras High Court) Whether the Tribunal was right holding that the appellant trust is not eligible for exemption under Section 12A of the Income Tax Act, 1961 without considering the merits of the case in a proper manner? In the case on hand, there is no allegation that the assessee Trust […]

No registration required for trust carrying out ‘charitable activities’ exempt under GST

October 17, 2020 2976 Views 0 comment Print

The Hon’ble AAR, Gujarat in Re: All India Disaster Mitigation Institute [Advance Ruling No. GUJ/GAAR/R/20/2019 dated September 11, 2019] wherein the charitable trust registered under Section 12AA and 80G of Income-tax Act, 1961 (Income Tax Act) carrying out charitable activities for preservation of environment, held that since the activities were exempt from tax under GST, […]

No exemption on corpus donation by exempt entity to other exempt entity

August 29, 2020 37242 Views 0 comment Print

As per the existing provisions of the Act, donations made by a trust to any other trust or institution registered under section 1 2AA or to any fund or institution or trust or any university or other educational institution or any hospital or other medical institution referred to in sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via)

Object beneficial to a section of public is an object of general public utility

August 18, 2020 708 Views 0 comment Print

Delhi Police Education Fund Vs CIT (ITAT Delhi) Assessee argued that the assessee is involved in promoting the post Higher Secondary Education and fulfils the test of Section 2(15) of the Act, the definition of charitable purpose. Ld. DR argued that the assessee’s activities are limited to the wards of the Police personnel. Hence, it […]

Section 12A registration despite non-commencement of charitable activity

August 8, 2020 3879 Views 0 comment Print

In this Covid 19 pandemic times, many NGO have been come forward to help the society. They are providing assistance in medical, relief to the poor, food, education, home shelter etc. They are foundation for this critical time. Many kind hearted people also come forward to donate to NGO so that the NGO can function […]

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