Section 12AB(1)(b)(i) — the law in short
What the courts have decided on section 12AB(1)(b)(i), in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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MAA Sharda Kothari Foundation v CIT (Exemption), Ahmedabad
ITATHelps taxpayerValidity unconfirmed
The CIT(E) rejected my Form 10AB as premature because the trust had not yet started activities or received donations. Can he do that?
No — not on that ground alone. Section 12A(1)(ac)(iii) fixes only the outer date by which a provisionally registered trust must apply for regular registration; it contains no bar on applying earlier, and rejecting an application as premature because activities had not commenced by the date of filing is not in accordance with the legislative intent of that clause read with s.12AB(1)(b).
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.