Tag: 12a registration

Entire income of trust cannot be taxed for violation of Section 12A exemption conditions. Supreme Court dismisses SLP of Department. Denial of exemption u/s 11 should be limited only to amount diverted ABCAUS Case Law CitationABCAUS 3527 (2021) (07) SC Important case law relied referred:CIT vs. Fr. Mullers …

CBDT prescribes revised procedure for registration of charitable trusts u/s 12A / 12AB, u/s 80G u/s 1023C etc.. Income-tax (6th Amendment) Rules 2021 MINISTRY OF FINANCE(Department of Revenue)(CENTRAL BOARD OF DIRECT TAXES)New Delhi Notification No. 19/2021-Income Tax Dated- 26th March, 2021 G.S.R. 212(E).—In exercise of the powers conferred …

Mere surplus from exhibition not trade commerce or business activities u/s 2(15) making it non-charitable ABACUS Case Law CitationABCAUS 3386 (2020) (09) ITAT Important case law relied upon by the parties:Society of Indian Automobile Manufacturers vs. Income Tax Officer, (2016) 71 taxmann.com 138Assistant Commissioner of Income Tax vs. …

Meaning of genuineness of trust activities – they should not be bogus, artificial or camouflaged and whether in accordance with objects – ITAT ABCAUS Case Law Citation:ABCAUS 3323 (2020) (06) ITAT Important case law relied upon by the parties:Baburam Education Society (2018) 96 taxmann.com 606  Meaning of Genuineness …

Trust set up for providing benefits to a particular community no ground to  deny Section 12AA registration ABCAUS Case Law Citation:ABCAUS 3295 (2020) (04) ITAT Important case law relied upon by the parties:Leuva Patel Seva Samaj TrustM/s Ananda Social & Educational Trust In this case, the appellant assessee …

Denial of Registration 12AA for not spending income by trust. CIT to consider issue u/s 12AA(3) if the facts justify Registration – Supreme Court ABCAUS Case Law Citation:ABCAUS 3276 (2020) (02) SC In the instant case, a Special Leave Petition was filed by the Commissioner of Income Tax …

Registration u/s 12AA can not be denied for non-commencement of activities. Registration can be applied for by a new trust. Supreme Court settles the law. ABCAUS Case Law Citation:ABCAUS 3275 (2020) (02) SC Important case law relied upon by the parties:Commissioner of Income Tax-II vs. R.S. Bajaj SocietySelf …

Once registration granted u/s 12A entire receipts can not be taxed as income without allowing any expenses. Disallowances can be made only on violation of conditions. In a recent judgment, ITAT Delhi has held that Once registration granted u/s 12A entire receipts can not be taxed as income …

For grant of registration u/s 12A if tax not deducted at source (TDS) from salary or salary paid partly in cash and partly by cheque is irrelevant ABCAUS Case Law Citation:ABCAUS 3259 (2020) (02) ITAT In the instant case, the appeal had been filed by the Assessee against …

Merely by admission of appeal against ITAT order, Revenue can not get over it. Supreme Court upholds High Court’s order and dismisses SLP of the Department     ABCAUS Case Law Citation: ABCAUS 2436 (2018) 07 SC The assessee was a charitable trust registered u/s 12A of the Income Tax Act, 1961 (the Act). During  the  course  of  assessment …