Section 12AA

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

Income Tax - (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 a...

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

Income Tax - 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 ...

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Concept of NGO and Income Tax Provisions

Income Tax - Trust, Society and Section 8 Company can seek registration u/s 12A to claim exemption under provisions of Income Tax Act’1961, if certain conditions are satisfied. Section 12A deals with registration of trust and section 12AA deals with procedure for registration of trust....

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Section 12AB of Income Tax Act, 1961- Provisions & registration procedure

Income Tax - Union Budget 2020 proposed significant changes in compliance and registration procedure of Religious or Charitable Trusts/ Institutions etc. which are registered under section 12AA of the Income Tax Act. Accordingly, the following amendment was made in the Finance Act, 2020 which reads as:- Under Section 11:- In section 11 of the Income-t...

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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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Amendments to bye-laws of Society operates prospectively while granting Section 12AA registration

CIT Vs Young Women's Christian Association (Madras High Court) - CIT Vs Young Women’s Christian Association (Madras High Court) Hon’ble Supreme Court of India in the case of Commissioner of Income-Tax Vs. Kamla Town Trust reported in (1996) 84 Taxman 248 (SC) held that the rectification shall not have retrospective effect and would operate prospective...

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

Delhi Police Education Fund Vs CIT Exemption (ITAT Delhi) - 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 war...

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Section 12AA registration cannot be denied without recording dissatisfaction about objects of trust

Balika Vidyalaya Educational & Cultural Trust Vs CIT (Exemptions) (ITAT Cuttack) - Balika Vidyalaya Educational & Cultural Trust Vs CIT (Exemptions) (ITAT Cuttack) We find that as per the provisions of section 11 & 12 of the Act, the income derived from property held for charitable or religious purposes and income of Trusts or Institutions from contributions are exempt fro...

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

Wholesale Cloth Merchant Association Vs PCIT (ITAT Jaipur) - 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 accoun...

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Registration has to be granted if no evidence to show activities of Trust are not being carried out genuinely: ITAT

Teachers Academy Education Trust Vs CIT Exemption (ITAT Bangalore) - The CIT(E) seems to have taken recourse to the provisions of section 12AA(4) of the Act which was inserted by the Finance Act of 2014 w.e.f. 01.10.2014. We find that those provisions are applicable only when the CIT(E) seeks to cancel the registration already granted to a trust. Those provisions can...

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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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CBDT to CIT(E)- Pass order U/s. 12AA within prescribed time or face action

Instruction No. 16/2015 - (06/11/2015) - Instruction No. 16/2015 Sub-section (2) of Section 12AA of the Income-tax Act 1961 prescribes that every order granting or refusing registration under clause (b) of sub-section (I) of that Section shall be passed before the expiry of six months from the end of the month in which the application was ...

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Section 12AA’s Popular Posts

Recent Posts in "Section 12AA"

Amendments to bye-laws of Society operates prospectively while granting Section 12AA registration

CIT Vs Young Women's Christian Association (Madras High Court)

CIT Vs Young Women’s Christian Association (Madras High Court) Hon’ble Supreme Court of India in the case of Commissioner of Income-Tax Vs. Kamla Town Trust reported in (1996) 84 Taxman 248 (SC) held that the rectification shall not have retrospective effect and would operate prospectively from the date when the rectification ...

Read More

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

Delhi Police Education Fund Vs CIT Exemption (ITAT Delhi)

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 [&...

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Section 12AA registration cannot be denied without recording dissatisfaction about objects of trust

Balika Vidyalaya Educational & Cultural Trust Vs CIT (Exemptions) (ITAT Cuttack)

Balika Vidyalaya Educational & Cultural Trust Vs CIT (Exemptions) (ITAT Cuttack) We find that as per the provisions of section 11 & 12 of the Act, the income derived from property held for charitable or religious purposes and income of Trusts or Institutions from contributions are exempt from tax provided such Trusts or Institutio...

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

Wholesale Cloth Merchant Association Vs PCIT (ITAT Jaipur)

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...

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Registration has to be granted if no evidence to show activities of Trust are not being carried out genuinely: ITAT

Teachers Academy Education Trust Vs CIT Exemption (ITAT Bangalore)

The CIT(E) seems to have taken recourse to the provisions of section 12AA(4) of the Act which was inserted by the Finance Act of 2014 w.e.f. 01.10.2014. We find that those provisions are applicable only when the CIT(E) seeks to cancel the registration already granted to a trust. Those provisions cannot be made applicable for grant of regi...

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Addition justified for Bogus Donation received by Educational Trust

Brijbasi Education And Welfare Society Vs PCIT (Delhi High Court)

Addition made by AO against Educational Trust on account ofdonations were found to be bogus  was justified as  assessee failed to discharge the onus of proof cast upon it and no attempt was made to produce credible material to corroborate the transactions or to explain the contradictory evidence that it was confronted with....

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

(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 a...

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

Evangelical Missionary Society Vs CIT (Exemptions) (ITAT Cuttack)

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 [&hel...

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

Thanthi Trust Vs DIT (Madras High Court)

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 […]...

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No cancellation of registration u/s 12AA(3) since inception in absence of cogent material

Gian Sagar Educational & Charitable Trust Vs ACIT (ITAT Delhi)

Order of the PCIT cancelling the registration since inception, u/s 12AA(3) was legally not valid as no material was being referred by PCIT and its applicability to any of the provisions of Section 2(15) and/or Section 12AA(3) while revoking the registration. ...

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