Tag Archives: Section 12AA

Newly Registered Trust is entitled for registration u/s 12AA even if no activity is carried on : SC

By | March 6, 2020

SUPREME COURT OF INDIA Ananda Social & Educational Trust v. Commissioner of Income tax S.A. BOBDE, CJI. B.R. GAVAI AND SURYA KANT, JJ. CIVIL APPEAL NO(S). 5437-5438 OF 2012 FEBRUARY  19, 2020 ORDER Civil Appeal No(s).5437-5438/2012 We have heard learned counsel appearing for the parties and perused the impugned Judgment(s) and Order(s) passed by the High Court… Read More »

No Section 12A registration denial if objects were charitable & activities were genuine

By | March 4, 2020

Shri Dhar Sabha Vs CIT – Exemption) (ITAT Amritsar) ITA No. 53/ASR/2017 08/01/2020 FULL TEXT OF THE ITAT JUDGEMENT On account of difference of opinion between the Ld. Accountant Member and Ld. Judicial Member of the ITAT, Amritsar Bench, this matter has been referred to me by the Hon’ble President ITAT for consideration and disposal… Read More »

Sec 12AA Registration cannot be denied to trust established to comply CSR obligations

By | June 3, 2019

ITAT Delhi Escorts Skill Development Vs CIT (Exemptions)  ITA No. 527/Del/2017 Dated  26/04/2019 Since common questions of facts and law have been raised in both the aforesaid appeals, the same are being disposed off by way of composite order to avoid repetition of discussion. 2. The Appellant, Escorts Skill Development (hereinafter referred to as the… Read More »

ITO (Exemption) can’t pass order if Assessee not registered u/s 12AA or Claimed Exemption u/s 11

By | December 23, 2016

Issue In the light of the Notification No. 52/14, dated 22.10.2014, issued by the CBDT, the respondent Assessing Officer, i.e., Income Tax Officer (Exemption), Muzaffarpur, has no jurisdiction to make assessment in respect of the petitioner as an assessee under Section 143(3) of the Act on the ground that it is neither registered under Section… Read More »

Trust for charitable activities outside India entitled to sec. 12AA registration

By | October 14, 2016

“CHARITABLE PURPOSES – CHARITABLE TRUST – REGISTRATION OF TRUST -APPPLICATION OF INCOME OUTSIDE INDIA -NOT A GROUND FOR REFUSING REGISTRATION-INCOME-TAX ACT, 1961, SS. 11, 12A So far as the benefit of section 11(1)(a) of the Income-tax is concerned, it can be extended only to the extent to which such income is applied to such purposes… Read More »

No rejection of registration application u/s 12AA because ITR not filed

By | June 11, 2016

 Shri Shirdi Sai Darbar Charitable Trust (Dharamshala) Vs. CIT(Exemptions), I.T.A. No. 692/CHD/2015, Date of Pronouncement: 08.06.2016, ITAT – Chandigarh Issue: Whether CIT (Exemptions) can reject the application for registration u/s 12AA of the Income Tax Act,1961 on the grounds that the assessee has not filed any ITR and the clause of memorandum provide absolute powers… Read More »

Section 12AA Registration cancellation : CBDT Clarification

By | May 27, 2016

Circular No 21/2016 F.No.197/17/2016-ITA-I Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes DATED 27-5-2016 Subject :Clarification regarding cancellation of registration u/s 12AA of the Income tax act 1961 in certain Circumstances -regarding  Sections 11 and 12 of the Income-tax Act, 1961 (‘Act’) exempt income of charitable trusts or institutions,… Read More »

Registration under section 12AA to be granted even if Trust have both charitable and religious objects

By | October 7, 2015

Where assessee trust could have both charitable and religious objects, registration under section 12AA was to be granted to assessee IN THE ITAT CHENNAI BENCH ‘D’ Gilgal Mission India v. Income-tax Officer N.R.S. GANESAN, JUDICIAL MEMBER AND A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER IT APPEAL NO. 3067 (MDS.) OF 2014 JULY  10, 2015 A.S. Sriraman for… Read More »

Registration can not be cancelled by first proviso to section 2(15)

By | September 4, 2015

First proviso to section 2(15) has no role to play in cancellation or granting of trust’s registration Q : Can the Commissioner cancel the registration granted to assessee  on the basis of introduction of first proviso of section 2(15) holding that activities of assessee were commercial in nature. ? First proviso to section 2(15) have no… Read More »

Approval to Educational Institutions u/s 10(23C)(vi) CBDT Circular

By | August 18, 2015

CBDT Circular regarding Exemption and approval to Educational Institutions CIRCULAR No. 14/ 2015 F.No.197/38/2015-ITA-I Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes North Block, New Delhi August 17th , 2015 Sub: Clarification on certain issues related to grant of approval and claim of exemption u/s 10(23C)(vi) of the Income-tax Act,… Read More »