Tag: 12AA Approval
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 …
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 …
Registration u/s 12A declined due to byelaws/memorandum not signed/certified by Authorized Signatory of trust. ITAT set aside the order of CIT(exemption) This is a classic example where Tax Authority failed to consider that the Income Tax Act is a beneficial and not a penal legislation and CIT(A) could …
It is a settled position of law that while granting registration u/s 12AA CIT (Exemptions) is required to examine the objects of the assessee. If objects are charitable in nature, registration should be granted to the assessee. ABCAUS Case Law Citation:ABCAUS 3218A (2020) (01) ITAT In the instant …
Deemed Registration u/s 12AA-Supreme Court admits SLP on the issue as to whether provisions of Section 12AA of the Income Tax Act, 1961 are directory or mandatory ABCAUS Case Law Citation:ABCAUS 3098 (2019) (08) SC The Sub-section 2 of Section 12AA of the Income Tax Act, 1961 (the …
Franchise of Kidzee school chain denied registration u/s 12AA as Trust was running with primary objective of branding and earning commercial profits. ABCAUS Case Law Citation: ABCAUS 2937 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties: CIT Vs. Highlanders Educational Academy Meritta Welfare Trust Vs. …
Registration u/s 12AA can not be denied for claiming exemption u/s 10(23C) earlier. Trust running hospital/school can apply under either for Sections. ABCAUS Case Law Citation: ABCAUS 2895 (2019) (04) HC Important Case Laws Cited/relied upon by the parties CIT vs. Bosotto Brothers Limited CIT Vs. M/s A.R. …
Very short period of appearance given to assessee violated principles of natural justice. ITAT set aside order passed by CIT (Exemptions) for decision afresh ABCAUS Case Law Citation: ABCAUS 2126 (2017) (11) ITAT The assessee trust was aggrieved by the order of Commissioner of Income Tax (Exemptions) rejecting …