Tag: 12a registration

Income of section 25 company by deploying ex-servicemen as security guards was not business activity. In a recent judgment, Kerala High Court has held that income by deploying ex-servicemen as security guards was not business activity for section 25 company established for assistance to the Ex-Servicemen. ABCAUS Case …

Jurisdictional Principal Commissioner of Income-tax or Commissioner of Income-tax to condone delay in filing Form No. 10A for Registration u/s 12A- CBDT CBDT has clarified the power to condone delay in filing Form No. 10A under sub-clause (1) clause (ac) of sub-section (1) of section 12A of the …

ITAT has jurisdiction to stay an order appealed against, even in absence of any subsisting tax demand. In a recent judgment, High Court has held that the ITAT has the jurisdiction to grant stay of the order cancelling Registration u/s 12A of the Income Tax Act notwithstanding that …

Registration u/s 12A cannot be rejected simply on the basis of mentioning of a wrong section code which is a curable defect – ITAT  In a recent judgment, ITAT Amritsar has held that registration under section 12A cannot be rejected simply on the basis of mentioning of a …

Just because log book was not maintained does not mean that vehicles were used for personal purposes by the Trustee – ITAT In a recent judgment, ITAT Pune has holding that just because log book was not maintained does not mean that Vehicles were used for personal purposes …

Registration u/s 12AB cannot be denied when objects are charitable even if there is no commencement of activity by the assessee – ITAT In a recent judgment, ITAT Hyderabad has held that even if there is no activity carried out by the assessee, the Registration under section 12A …

High Court order upholding direction for Registration u/s 12A without applying determinative tests laid down by Apex Court set aside In a recent judgment, Hon’ble Supreme Court set aside the judgment of Allahabad High Court in granting registration u/s 12A without applying determinative tests laid down by Apex …

Section 13 of Income Tax Act applies only on the eligibility of exemption of income u/s 11 and not at the time of grant of registration u/s 12AB. In a recent judgment, Hon’ble Supreme Court dismissed the appeal of the CIT(E) against the High Court judgment upholding that …

Rejecting application for registration u/s 12AB without confronting society with inspector’s report was violation of the principle of natural justice – ITAT In a recent judgment, ITAT Amritsar has held that when inspector’s report was never confronted to the assessee society before rejecting the application for registration u/s …

When Trust had no activities, it was incumbent upon the CIT(E) to evaluate such explanation objectively then rejecting application for registration. In a recent judgment, ITAT Rajkot has held that when the trust has explicitly stated that it has not filed returns as it had no activities and …