#Section 12AA
Log in to FollowSection 12AA of Income-Tax Act, 1961 deals with Procedure for Registration of a Charitable Trust or institution
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12AA registration can be cancelled if main activities of assessee-trust were in the nature of trade & Commerce
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Trust imparting education irrespective of caste, creed & religion entitled to registration u/s 12AA
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Exemption U/s. 11 cannot be denied for Acceptance of Shares as Corpus fund & Utilisation of its sale proceeds towards donation to Corpus of other trust
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CIT vs. Surya Educational & Charitable Trust (P&H High Court)
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Cancellation of Registration U/s. 12A for expenditure not related to aims & objects ?
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Trust having ‘medical relief’ object eligble for exemption even if they incidentally carry on a commercial activity
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In cases where principle of mutuality applicable, registration u/s. 12AA cannot be cancelled simply by relying on first proviso to S. 2(15)
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Exemption to Charitable institution cannot be denied on the basis of a hypothetical assumption of an event that will happen in future
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Once CIT grants registration u/s 12AA,He can not cancel the same if activities are in accordance with objects
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Benefits granted to a charitable institution cannot be extended to its substantially amended objects
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Registration of institution u/s 12AA cannot be cancelled if its receipts from trade, commerce, etc., exceeds Rs.10Lakhs/Rs.25 Lakhs limit u/s 2(15)
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Holding of classes not mandatory to qualify as educational institution
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S. 12AA CIT can cancel registration even after grant – High profit Ratio cannot be ground for rejection
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