Asstt. CIT v. Thanthi Trust

247 ITR 785Supreme Court of India2001#1150 most cited

What is Asstt. CIT v. Thanthi Trust authority for?

A charitable trust can earn income from business activities under Section 11(4A), including incidental businesses, and still claim exemption under Section 11, provided the income is applied towards its charitable objects. Generating a surplus from such activities does not automatically negate the charitable purpose.

98

judgments rely on this decision, according to BharatTax’s citation analysis of 367,359 Indian tax judgments — from 2011 to 2026.

Also referred to as

Thanthi Trust · Asstt. CIT v. Thanthi Trust · Section 11 · Section 11(4A) · Section 2(15) · charitable trust business income · incidental business exemption · application of income · charitable purpose · surplus generation

Issues it is cited on

Judgments citing Asstt. CIT v. Thanthi Trust

Periyar Public Press Trust, Chennai vs. JCIT (OSD) (Exemptions) II, Chennai

In the result, all the appeals filed by the assessee are allowed

ITA 771/CHNY/2018[2013-14]Status: DisposedITAT Chennai26 Aug 2022AY 2013-14

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos. 768, 769, 770 & 771/Chny/2018 िनधा"रण वष"/Assessment Years:2009-10, 2010-11, 2012-13 & 2013-14 Periyar Public Press Trust, The Joint Commissioner Of Vs. “Periyar Thidal”, 50, Income Tax (Sd), [Exemptions] Ii, Evk Sampath Salai No. 121, Nungambakkam High Road, Vepery, Chennai 600 007. Chennai 600 034. [Pan:Aaatp0542J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri I. Dinesh, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 10.08.2022 घोषणा की तारीख /Date Of Pronouncement : 26.08.2022 आदेश /O R D E R Per V. Durga Rao: These Four Appeals Filed By The Assessee Are Directed Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 17, Chennai Dated 10.01.2018 Relevant To The Assessment Years 2009-10, 2010-11, 2012-13 & 2013-14. Since The Facts Are Identical & Common Issue Has Been Raised, All The Appeals Were Heard Together & Being Disposed Of By This Common Order For The Sake Of Brevity. The Assessee Has Raised The Following Common Grounds:

For Appellant: Shri I. Dinesh, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 11Section 12ASection 2(15)

…ssion that the assessee trust was not engaged in any printing work to any other commercial or business establishment except the SRPI and other sister institutions. The ld. Counsel for the assessee has relied on the decision in the case of CIT v. Thanthi Trust 247 ITR 785 (SC) for the preposition that the trust was running a newspaper on commercial lines; its income was exempt as it is a public trust maintaining separate accounts for the business carried on by it. He also relied on the decision in the case of Ashoka Charities (163 6 I.T.A. Nos.768-771/Chny/18 ITR 579) (Mad), wherein, it was held that the activit…

Periyar Public Press Trust, Chennai vs. JCIT (OSD) (Exemptions) II, Chennai

In the result, all the appeals filed by the assessee are allowed

ITA 770/CHNY/2018[2012-13]Status: DisposedITAT Chennai26 Aug 2022AY 2012-13

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos. 768, 769, 770 & 771/Chny/2018 िनधा"रण वष"/Assessment Years:2009-10, 2010-11, 2012-13 & 2013-14 Periyar Public Press Trust, The Joint Commissioner Of Vs. “Periyar Thidal”, 50, Income Tax (Sd), [Exemptions] Ii, Evk Sampath Salai No. 121, Nungambakkam High Road, Vepery, Chennai 600 007. Chennai 600 034. [Pan:Aaatp0542J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri I. Dinesh, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 10.08.2022 घोषणा की तारीख /Date Of Pronouncement : 26.08.2022 आदेश /O R D E R Per V. Durga Rao: These Four Appeals Filed By The Assessee Are Directed Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 17, Chennai Dated 10.01.2018 Relevant To The Assessment Years 2009-10, 2010-11, 2012-13 & 2013-14. Since The Facts Are Identical & Common Issue Has Been Raised, All The Appeals Were Heard Together & Being Disposed Of By This Common Order For The Sake Of Brevity. The Assessee Has Raised The Following Common Grounds:

For Appellant: Shri I. Dinesh, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 11Section 12ASection 2(15)

…ssion that the assessee trust was not engaged in any printing work to any other commercial or business establishment except the SRPI and other sister institutions. The ld. Counsel for the assessee has relied on the decision in the case of CIT v. Thanthi Trust 247 ITR 785 (SC) for the preposition that the trust was running a newspaper on commercial lines; its income was exempt as it is a public trust maintaining separate accounts for the business carried on by it. He also relied on the decision in the case of Ashoka Charities (163 6 I.T.A. Nos.768-771/Chny/18 ITR 579) (Mad), wherein, it was held that the activit…

Periyar Public Press Trust, Chennai vs. JCIT (OSD) (Exemptions) II, Chennai

In the result, all the appeals filed by the assessee are allowed

ITA 769/CHNY/2018[2010-11]Status: DisposedITAT Chennai26 Aug 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos. 768, 769, 770 & 771/Chny/2018 िनधा"रण वष"/Assessment Years:2009-10, 2010-11, 2012-13 & 2013-14 Periyar Public Press Trust, The Joint Commissioner Of Vs. “Periyar Thidal”, 50, Income Tax (Sd), [Exemptions] Ii, Evk Sampath Salai No. 121, Nungambakkam High Road, Vepery, Chennai 600 007. Chennai 600 034. [Pan:Aaatp0542J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri I. Dinesh, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 10.08.2022 घोषणा की तारीख /Date Of Pronouncement : 26.08.2022 आदेश /O R D E R Per V. Durga Rao: These Four Appeals Filed By The Assessee Are Directed Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 17, Chennai Dated 10.01.2018 Relevant To The Assessment Years 2009-10, 2010-11, 2012-13 & 2013-14. Since The Facts Are Identical & Common Issue Has Been Raised, All The Appeals Were Heard Together & Being Disposed Of By This Common Order For The Sake Of Brevity. The Assessee Has Raised The Following Common Grounds:

For Appellant: Shri I. Dinesh, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 11Section 12ASection 2(15)

…ssion that the assessee trust was not engaged in any printing work to any other commercial or business establishment except the SRPI and other sister institutions. The ld. Counsel for the assessee has relied on the decision in the case of CIT v. Thanthi Trust 247 ITR 785 (SC) for the preposition that the trust was running a newspaper on commercial lines; its income was exempt as it is a public trust maintaining separate accounts for the business carried on by it. He also relied on the decision in the case of Ashoka Charities (163 6 I.T.A. Nos.768-771/Chny/18 ITR 579) (Mad), wherein, it was held that the activit…

Periyar Public Press Trust, Chennai vs. JCIT (OSD) (Exemptions) II, Chennai

In the result, all the appeals filed by the assessee are allowed

ITA 768/CHNY/2018[2009-10]Status: DisposedITAT Chennai26 Aug 2022AY 2009-10

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos. 768, 769, 770 & 771/Chny/2018 िनधा"रण वष"/Assessment Years:2009-10, 2010-11, 2012-13 & 2013-14 Periyar Public Press Trust, The Joint Commissioner Of Vs. “Periyar Thidal”, 50, Income Tax (Sd), [Exemptions] Ii, Evk Sampath Salai No. 121, Nungambakkam High Road, Vepery, Chennai 600 007. Chennai 600 034. [Pan:Aaatp0542J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri I. Dinesh, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 10.08.2022 घोषणा की तारीख /Date Of Pronouncement : 26.08.2022 आदेश /O R D E R Per V. Durga Rao: These Four Appeals Filed By The Assessee Are Directed Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 17, Chennai Dated 10.01.2018 Relevant To The Assessment Years 2009-10, 2010-11, 2012-13 & 2013-14. Since The Facts Are Identical & Common Issue Has Been Raised, All The Appeals Were Heard Together & Being Disposed Of By This Common Order For The Sake Of Brevity. The Assessee Has Raised The Following Common Grounds:

For Appellant: Shri I. Dinesh, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 11Section 12ASection 2(15)

…ssion that the assessee trust was not engaged in any printing work to any other commercial or business establishment except the SRPI and other sister institutions. The ld. Counsel for the assessee has relied on the decision in the case of CIT v. Thanthi Trust 247 ITR 785 (SC) for the preposition that the trust was running a newspaper on commercial lines; its income was exempt as it is a public trust maintaining separate accounts for the business carried on by it. He also relied on the decision in the case of Ashoka Charities (163 6 I.T.A. Nos.768-771/Chny/18 ITR 579) (Mad), wherein, it was held that the activit…