Minor Gaps Can’t Deny 12AB/80G Registration

Case Details: Social Educational and Welfare Association vs. Commissioner of Income-tax (Exemptions) [2026] 185 taxmann.com 172 (Nagpur-Trib.)

Judiciary and Counsel Details

Pawan Singh, Judicial Member & Khettra Mohan Roy, Accountant Member
P. M. Gandhi, CA for the Appellant.
Pankaj Kumar, CIT-DR for the Respondent.

Facts of the Case

The assessee-trust filed an application seeking registration under section 12AB and approval under section 80G(5). In response to the notice, it furnished photographs, bills, notes on activities, particulars of expenses, financial statements, and supporting documents, stating that it was engaged in educational and welfare activities.

CIT(E) noted deficiencies and absence/incomplete documentation for certain expenses, expressed doubt about the genuineness and scope of activities and observed that the trust was benefiting a particular religious community. The CIT(E) further noted that a prior application for registration under section 12AB had been rejected, and that the application for registration under section 12AB, and the provisional registration earlier granted, were cancelled.

The matter reached the Nagpur Tribunal.

ITAT Held

The Tribunal held that at the stage of granting registration under section 12AB and approval under section 80G(5), the scope of enquiry is limited to examining the trust’s objects and the genuineness of its activities on a prima facie basis. The law does not mandate a conclusive or exhaustive verification of each activity or beneficiary at this stage.

In the present case, the assessee had placed on record various documents. Merely because certain documents, such as testimonials, complete beneficiary details, or exhaustive supporting evidence, were not furnished, the same cannot be a sole and compelling ground to conclude that the activities are not genuine. Further, the CIT(E) ‘s observation that the trust benefits a particular religious community cannot, by itself, be an infallible ground for rejection unless it is demonstrated that the trust is established for the benefit of a specific religious community or caste in violation of the statutory provisions.

No such conclusive finding has been brought on record, as CIT(E) has miserably failed to explain how he arrived at his conclusion. Therefore, the CIT(E) was directed to grant registration under section 12AB and approval under section 80G(5) in accordance with the law.