Daily Archives: July 24, 2026

Subsisting Section 12AB registration cannot be treated as invalid for non-production of earlier registration certificate.

By | July 24, 2026
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Subsisting Section 12AB registration cannot be treated as invalid for non-production of earlier registration certificate. Issue Whether the Principal Commissioner / Commissioner of Income Tax (Exemption) [CIT(E)] is justified in treating a subsisting provisional/five-year registration granted under Section 12AB (in Form 10AC) as invalid merely due to the non-production of an earlier Section 12A/12AA registration… Read More »

Rejection of an earlier Section 12AB application does not bar a trust from filing subsequent registration applications.Rejection of an earlier Section 12AB application does not bar a trust from filing subsequent registration applications.

By | July 24, 2026
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Rejection of an earlier Section 12AB application does not bar a trust from filing subsequent registration applications. Issue Whether the rejection or dismissiveness of an earlier registration application under Section 12AB debars a charitable trust from subsequently applying afresh under Form 10AB before the same authority, and what is the effective date of registration if… Read More »

Section 12AB registration cannot be denied on unverified statutory breaches, requiring fresh adjudication.

By | July 24, 2026
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Section 12AB registration cannot be denied on unverified statutory breaches, requiring fresh adjudication. Issue Whether registration under Section 12AB can be denied to a university based on alleged contraventions of non-tax laws (Haryana Private Universities Act and FCRA) and accounting discrepancies without any adverse finding by the competent regulatory authorities. Whether the CIT(E) can declare… Read More »

Excess application of earlier years can be adjusted under Section 11 despite no explicit return claim.

By | July 24, 2026
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Excess application of earlier years can be adjusted under Section 11 despite no explicit return claim. Issue Whether a charitable trust is entitled to adjust excess application of income/capital expenditure incurred in earlier years against the income of the current assessment year, even if such excess was not explicitly claimed for carry-forward in the income… Read More »

BCCI is not taxable on foreign match income from PILCOM as it only received Indian match revenue.

By | July 24, 2026
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BCCI is not taxable on foreign match income from PILCOM as it only received Indian match revenue. Issue Whether the Income Tax Department was justified in protective inclusion of overseas match revenues co-hosted by PILCOM (Pakistan and Sri Lanka matches) into the assessee BCCI’s taxable income under Section 10(23) read with Section 5 of the… Read More »

A trust with main objects benefiting the general public qualifies as charitable under Section 12AB.

By | July 24, 2026
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A trust with main objects benefiting the general public qualifies as charitable under Section 12AB. Issue Whether a Section 8 company whose main objects benefit the public at large qualifies for registration under Section 12AB, even if certain incidental or ancillary objects involve welfare activities for its members. Facts The respondent-trust, incorporated as a Section… Read More »

Hospital providing medical relief is eligible for Section 12AB registration without retrospective cancellation by CIT(E).

By | July 24, 2026
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Hospital providing medical relief is eligible for Section 12AB registration without retrospective cancellation by CIT(E). Issue Whether a hospital providing medical relief qualifies as a charitable activity under the first limb of Section 2(15) without being impacted by commercial metrics like tariff structures, bed usage, or revenue per bed. Whether the Principal Commissioner / Commissioner… Read More »

Deposit in Capital Gains Scheme entitles Section 54 exemption, while distance of agricultural land and indexation require re-verification.

By | July 24, 2026
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Deposit in Capital Gains Scheme entitles Section 54 exemption, while distance of agricultural land and indexation require re-verification. Issue Whether an assessee is entitled to exemption under Section 54 when bank documentation confirms the deposit of unutilized sale proceeds into the Capital Gains Accounts Scheme. Whether the classification of agricultural land as a non-capital asset—based… Read More »