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June 2025

S. 12AB – Where objects of assessee-trust were for benefit of residents and members of a specific society and were not meant for public at large, assessee-trust was not entitled to registration under section 12AB.

By Jagdish T Punjabi, Chartered Accountant
Devendra Jain & Aditya Bhatt, Advocates
Reading Time 2 mins

18. (2025) 173 taxmann.com 744 (Ahd Trib)

Dwarika Greens Foundation vs. CIT(E)

ITA No.: 1812 (Ahd) of 2024

A.Y.: N.A. Dated: 17 April 2025

S. 12AB – Where objects of assessee-trust were for benefit of residents and members of a specific society and were not meant for public at large, assessee-trust was not entitled to registration under section 12AB.

FACTS

The assessee-trust was registered under the Bombay Public Trusts Act on 23.06.2020. It filed an application in Form 10AB for registration under section 12AB.

During the registration proceedings, CIT(E) observed that the objects of the Trust were for the benefit of the residents of the Dwarika Green Society and its members and are not for the benefit of the public at large and therefore, he denied registration under section 12AB to the assessee.

Aggrieved, the assessee filed an appeal before ITAT.

HELD

The Tribunal observed that-

(a) Perusal of clause (d) to Explanation of Se

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