Tag: registration us 12AA

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 …

CBDT defers requirement of fresh registration of trusts under section 12AB to 01.10.2020 due to Covid-19 Situation The Finance Act 2020 had made changes in the procedure for approval/registration process of trusts, institutions, funds, university, hospital etc and approval in the case of association, university, college, institution or …

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. ABCAUS Case Law Citation:ABCAUS 3262 (2020) (02) ITAT In the instant case, appeal had been filed by the assessee against the impugned …

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 …