Section 12AA

Formations of Charitable Entities In India

Income Tax - —”The term ‘charity’ connotes altruism in both thinking and deed. It entails thinking about others rather than oneself.” In the matter of Andhra Chamber of Commerce [1965] 55 ITR 722 (SC), the Supreme Court ruled that. INTRODUCTION It is vital to understand the concept of Charitable Purpose. Section 2(15) of the ...

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Charitable Institutions- Registration U/s. 12AB of Income Tax Act

Income Tax - Budget 2020 proposes to digitize the process of registration for Charitable Trusts. Even the existing charitable institutions are required to apply for fresh registration under the new provisions of Sec 12AB of Income Tax Act. This article discusses the new provisions and procedure for registration under the new Section 12AB of the Act. I...

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Registrations & Compliances of Charitable Institutions under Income Tax Act, 1961 

Income Tax - There is an earnest desire among many members of the public to do charity, welfare and social good. This leads to flow of money without consideration from one individual to another or from one entity to another. Such flow of money is termed as donation in common as well as legal parlance. Unlike in commercial […]...

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SC decision on Cancellation of section 12AA/AB registration of Trust

Income Tax - Cancellation of registration of a Trust or Institution under section 12AA/AB of Income-tax Act 1961 – latest Supreme Court decision and legal ramifications Registration of trust or institution Income of a Trust created wholly for charitable or religious purposes or an institution established wholly for such purposes is exempt from incom...

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Cancelled Trust’s registration on account of receiving bogus donations

Income Tax - In Commissioner of Income Tax (Exemptions), Kolkata v. Batanagar Education and Research Trust  [Civil Appeal No. 4451 of 2021], the Commissioner of Income Tax (Exemptions), Kolkata (the Appellants) and the Tribunal had directed for cancellation of the registration of Batanagar Education and Research Trust (the Respondents) under Section ...

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Improper drastic changes in Income tax provisions relating to Trusts/NGOs

Income Tax - CA Shailesh R Ghedia president of BJP Professional Cell, Mumbai has written a letter to Honorable Finance Minister, Smt. Nirmala Sitharaman and brought to her attention improper Drastic changes made in Income tax provisions relating to Charitable and Religious Trusts (Trusts/NGOs. He highlighted provisions relating to putting severe restr...

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Deferment for Approval/ Registration of Charitable Trusts & Exempt Institutions

Income Tax - Deferrement of Procedure for Approval/ Registration/Notifications of certain entities U/s 10(23C), 12AA, 35 & 80G of Income Tax Act, 1961 till 01st October,2020 The Finance Act, 2020 has introduced certain new compliance burdens on Charitable Trusts and Exempt Institutions. The Budget 2020 has amended certain provisions of the Inc...

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Budget 2010-11: Power of Commissioner to Cancel registration obtained by trust under section 12A

Income Tax - Section 12AA provides the procedure relating to registration of a trust or institution engaged in charitable activities. Section 12AA(3) currently provides that if the activities of the trust or institution are found to be non-genuine or its activities are not in accordance with the objects for which such trust or institution was establis...

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Section 12A Registration cannot be denied merely for Leasing of Developed Plots to Members

Confederation of Pharma Dealers Association Vs CIT (Exemption) (ITAT Raipur) - Confederation of Pharma Dealers Association Vs CIT (ITAT Raipur) Section 12A Registration cannot be denied merely for Leasing of Developed Plots to Members and Object beneficial to a section of public is also an object of general public utility It is evident that the objects of the assessee trust me...

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Section 12AA registration cannot be denied without examining the activities

ICRW Group Gratuity Trust Vs CIT (Exemption) (ITAT Delhi) - ICRW Group Gratuity Trust Vs CIT (Exemption) (ITAT Delhi) No denial of registration u/s 12AA to ICRW only because it benefited restricted group of employees unless full enquiry was made Conclusion: Registration under section 12AA could not be denied to assessee-trust merely because it was for the be...

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No denial of section 12A registration to an educational society when no adverse inference drawn on prescribed issues

Lord Shiva Educational Welfare Society Vs CIT (Exemption) (ITAT Amritsar) - Since the jurisdiction of PCIT(E) was being limited to verification of two issues, one with regard to the ‘lease hold land’ and the second about the fee concession and on both accounts, CIT (E) had not drawn any adverse inference and, therefore, the order of CIT(E) denying the registration u/s 1...

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Onus lies on person who alleges untruthfulness against other persons

Jainarayan Hariram Goel Charitable Trust Vs CIT (Exemption) (ITAT Raipur) - Jainarayan Hariram Goel Charitable Trust Vs CIT (Exemption) (ITAT Raipur) We find prima facie merit in the various pleas advanced on behalf of the assessee as narrated above. It is a settled principle of law that the onus lies on the person who alleges untruthfulness against the other persons. In th...

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Protection & furtherance of interests of trade & commerce is charitable purpose u/s. 2(15)

Federation of Trade Association of Pune Vs CIT (Exemptions) (ITAT Pune) - In this case CIT(E),held that the trust was a Members’ association and all the activities were limited to its members and not to general public at large so as to fall within the clause “advancement of any other object of general public utility”. He, therefore, refused the registration against ...

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

Notification No. 19/2021-Income Tax/G.S.R. 212(E). - (26/03/2021) - CBDT issues Notification no. 19/2021 dated 26/03/2021 pertaining to procedure for registration of fund/ trust/charitable institutions etc. All institutions, funds etc covered under clause (i) and (iv) of first proviso to section 10(23C), fifth proviso to section 35(1), clause (i) and (iv) of first p...

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New Procedure for registration, approval U/s.10(23C), 12AA, 35 & 80G deferred

Release ID: 1622387 - (09/05/2020) - CBDT has decided that the implementation of new procedure for approval/ registration/notification of certain entities shall be deferred to 1st October, 2020. Accordingly, the entities approved/ registered/ notified under section 10(23C), 12AA, 35 and 80G of the Income-tax Act, 1961 (the Act) would b...

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Bombay Public Trusts (Second Amendment) Rules, 2019

No. BPT-1117/C.R. 59/Desk XV - (15/05/2019) - These rules may be called the Bombay Public Trusts (Second Amendment) Rules, 2019. 2. In rule 1 of the Bombay Public Trusts Rules, 1951, in sub-rule (1) i.e., in the short title and throughout the principal Rules, for the words and figures Bombay Public Trusts Rules, 1951 the words Maharashtra Publi...

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

F.No. 173/193/2019-ITA-I - (23/04/2019) - 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 income within the time allowed u/s 139 of the Act. Accordingly, orders u/s 143(1)(a) in those cases in which demand has been raised on this issue may please be rectified....

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No mandatory Trust registration cancellation u/s 12AA for Turnover

Circular No. 21/2016-Income TAx - (27/05/2016) - It is clarified that it shall not be mandatory to cancel the registration already granted u/s 12AA to a charitable institution merely on the ground that the cut-off specified in the proviso to section 2(15) of the Act is exceeded in a particular year without there being any change in the nature of a...

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Recent Posts in "Section 12AA"

Formations of Charitable Entities In India

—”The term ‘charity’ connotes altruism in both thinking and deed. It entails thinking about others rather than oneself.” In the matter of Andhra Chamber of Commerce [1965] 55 ITR 722 (SC), the Supreme Court ruled that. INTRODUCTION It is vital to understand the concept of Charitable Purpose. Section 2(15) of the ...

Read More
Posted Under: Income Tax |

Section 12A Registration cannot be denied merely for Leasing of Developed Plots to Members

Confederation of Pharma Dealers Association Vs CIT (Exemption) (ITAT Raipur)

Confederation of Pharma Dealers Association Vs CIT (ITAT Raipur) Section 12A Registration cannot be denied merely for Leasing of Developed Plots to Members and Object beneficial to a section of public is also an object of general public utility It is evident that the objects of the assessee trust meant for benefit of pharma dealers [&hell...

Read More

Section 12AA registration cannot be denied without examining the activities

ICRW Group Gratuity Trust Vs CIT (Exemption) (ITAT Delhi)

ICRW Group Gratuity Trust Vs CIT (Exemption) (ITAT Delhi) No denial of registration u/s 12AA to ICRW only because it benefited restricted group of employees unless full enquiry was made Conclusion: Registration under section 12AA could not be denied to assessee-trust merely because it was for the benefit of a restricted group of employees...

Read More

No denial of section 12A registration to an educational society when no adverse inference drawn on prescribed issues

Lord Shiva Educational Welfare Society Vs CIT (Exemption) (ITAT Amritsar)

Since the jurisdiction of PCIT(E) was being limited to verification of two issues, one with regard to the ‘lease hold land’ and the second about the fee concession and on both accounts, CIT (E) had not drawn any adverse inference and, therefore, the order of CIT(E) denying the registration u/s 12AA was bad in law....

Read More

Onus lies on person who alleges untruthfulness against other persons

Jainarayan Hariram Goel Charitable Trust Vs CIT (Exemption) (ITAT Raipur)

Jainarayan Hariram Goel Charitable Trust Vs CIT (Exemption) (ITAT Raipur) We find prima facie merit in the various pleas advanced on behalf of the assessee as narrated above. It is a settled principle of law that the onus lies on the person who alleges untruthfulness against the other persons. In the instant case, the allegation […...

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Protection & furtherance of interests of trade & commerce is charitable purpose u/s. 2(15)

Federation of Trade Association of Pune Vs CIT (Exemptions) (ITAT Pune)

In this case CIT(E),held that the trust was a Members’ association and all the activities were limited to its members and not to general public at large so as to fall within the clause “advancement of any other object of general public utility”. He, therefore, refused the registration against which the assessee has come up in appeal...

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Charitable Institutions- Registration U/s. 12AB of Income Tax Act

Budget 2020 proposes to digitize the process of registration for Charitable Trusts. Even the existing charitable institutions are required to apply for fresh registration under the new provisions of Sec 12AB of Income Tax Act. This article discusses the new provisions and procedure for registration under the new Section 12AB of the Act. I...

Read More
Posted Under: Income Tax |

Registrations & Compliances of Charitable Institutions under Income Tax Act, 1961 

There is an earnest desire among many members of the public to do charity, welfare and social good. This leads to flow of money without consideration from one individual to another or from one entity to another. Such flow of money is termed as donation in common as well as legal parlance. Unlike in commercial […]...

Read More
Posted Under: Income Tax |

Trust Registration cannot be rejected for authorisation to administer trust to 2 Trustees

CIT Vs Angels Educational Trust (Madras High Court)

CIT Vs Angels Educational Trust (Madras High Court) With regard to the observation of the appellant that only two of the Trustees were authorized to administer the Trust, the same was held to be not a reason to reject the case of the assessee-Trust and it is common that the day-to-day activities of a Trust […]...

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SC decision on Cancellation of section 12AA/AB registration of Trust

Cancellation of registration of a Trust or Institution under section 12AA/AB of Income-tax Act 1961 – latest Supreme Court decision and legal ramifications Registration of trust or institution Income of a Trust created wholly for charitable or religious purposes or an institution established wholly for such purposes is exempt from incom...

Read More
Posted Under: Income Tax |

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