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.

How many judgments cite Asstt. CIT v. Thanthi Trust?

98 judgments on BharatTax cite Asstt. CIT v. Thanthi Trust (247 ITR 785), spanning 2011 to 2026.

Which sections of the Income Tax Act does Asstt. CIT v. Thanthi Trust come up under?

It is most often cited in judgments turning on Section 11, Section 143(3), Section 2(15), Section 11(4A), Section 147, Section 148.

Asstt. CIT v. Thanthi Trust (247 ITR 785)

DCIT (E) 1(1), Mumbai vs. Karuna Medica Society, Mumbai

In the result, the appeal of Revenue is dismissed

ITA 6650/MUM/2016[2013-14]Status: DisposedITAT Mumbai09 Jan 2017AY 2013-14

Bench: Sri Mahavir Singh, Jm & Sri Jason P Boaz, Am Asst. Cit(A) (Exemption), M/S Karuna Medical Society, 1(1) Room No.506, 5 Th Floor, Jeevan Bima Nagar, Borivali(W) Vs. Parimal Chamber, Lilbaug, Mumbai-400103 Mumbai-400012 Pan No.Aaatk0426A Appellant .. Respondent Revenue By .. Shri. B.S Bist, Dr Assessee By .. Ms. Aarti Vissanji, Ar Date Of Hearing .. 09-01-2017 Date Of Pronouncement .. 09-01-2017 O R D E R Per Mahavir Singh, Jm:

Section 11Section 11(1)Section 12ASection 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SRI MAHAVIR SINGH, JM AND SRI JASON P BOAZ, AM Asst. CIT(A) (Exemption), M/s Karuna Medical Society, 1(1) Room No.506, 5 th Floor, Jeevan Bima Nagar, Borivali(W) Vs. Parimal Chamber, Lilbaug, Mumbai-400103 Mumbai-400012 PAN No.AAATK0426A Appellant .. Respondent Revenue by .. Shri. B.S Bist, DR Assessee by .. Ms. Aarti Vissanji, AR Date of hearing .. 09-01-2017 Date of pronouncement .. 09-01-2017 O R D E R PER MAHAVIR SINGH, JM: This appeal by the assessee is arising out of the order of CIT(A)-1, Mumbai, in appeal No. CIT(A)-1/IT/E-I/137/2015-16 dated…

M/S. Mussoorie Dehradun Development Authority, Dehradun vs. CIT, Dehradun

In the result we dismiss the appeal of the assessee

ITA 180/DEL/2013[]Status: DisposedITAT Delhi02 Jan 2017

Bench: Shri S.K. Yadav & Shri Prashant Maharishiassessment Year:

For Appellant: Sh. Mahesh B. Chhibber, AdvFor Respondent: Sh. Vijay Varma, CIT DR

Section 10Section 11Section 12ASection 2(15)

…omitted w.e.f. 1-4-1984 but section 11 (4A) introduced certain restrictions. With effect from 1-4-92, the section 11 (4A) was amended and income of any business undertaking was exempt if its income was applied for the objects of the trust. Thanthi Trust ETC ( 247 ITR 785 ( SC)} The Hon'ble Supreme Court in the case of Thanthi Trust did not allow exemption from 1979 -80 to 1991-92 , but allowed the same for assessment year 1992-93 onwards due to amendment in section 11 (4A). This establishes that various decisions on the issue are to be examined in the light of the provisions in respect of which, the decisions hav…

Daya Nand Pushpa Devi Charitable Trust, Ghaziabad vs. Addl. CIT, Ghaziabad

In the result, the appeal of the assessee is dismissed

ITA 4238/DEL/2015[2010-11]Status: DisposedITAT Delhi21 Sept 2016AY 2010-11

Bench: Shri Sunil Kumar Yadavassessment Year : 2010-11

For Appellant: Shri Akhilesh Kumar, AdvocateFor Respondent: Shri S.K. Jain, Sr. DR

Section 11Section 12ASection 2(15)

…discussions to the running of hostel business. The AO has established in no uncertain terms that the appellant was running hostel with a commercial motive. Page 12 of 19 In fact the relevant paras of the judgement in the case of ACIT vs. Thanthi Trust (2001) 247 ITR 785 is, reproduced as under.- "The substituted sub-section (4A) states that the income derived from a business held under trust wholly for charitable or religious purposes shall not be included in the total income of the previous year of the trust or institution if "the business is incidental to the attainment of the objective of the trust or, as the…

Asst CIT (E) 1(1), Mumbai vs. Karnuna Medical Society, Mumbai

In the result, appeal filed by the revenue for the Asst

ITA 5861/MUM/2015[2012-13]Status: DisposedITAT Mumbai09 Sept 2016AY 2012-13

Bench: Shri G.S.Pannu (Am) & Shri. Ram Lal Negi (Jm) Assessment Year: 2012-13

For Appellant: Shri. A. RamchandranFor Respondent: Ms. Aarti Vissanji & Shri. Kashyap S

Section 11Section 12ASection 143(3)

…on by the trust wholly for public religious purposes/charitable purposes and is carried out. 4 Assessment Year: 2012-13 It has been further elaborated in the departmental Circular NO.372 dated 08/12/1983 and further discussed in CIT vs Thanthi Trust (2001) 247 ITR 785, 795 (SC) holding that section 11(4A), as is stood from A.Y. 1984-85 to 1991-92, restricted the benefit so that it was not available for income derived from business unless the conditions contemplated in clauses (a) & (b) are satisfied. It is pertinent to note that by section 11(4A), the benefit due to an assessee in case of an income from a busi…

M/S Dakshina Kannada Koota Brahmanara Mitra Mandali, Bangalore vs. Asst. Director of Income Tax, Bangalore

In the result, the appeals of the assessee are dismissed

ITA 1483/BANG/2013[2009-10]Status: DisposedITAT Bangalore26 Aug 2016AY 2009-10

Bench: Shri Sunil Kumar Yadav

For Appellant: Shri Suresh MuthukrishnanFor Respondent: Smt. Swapa Das, Jt. CIT(DR)

Section 11Section 12ASection 2

…rty under trust as contemplated in Section 11(4) and that which is not held as property under trust but is carried out to meet the charitable objects of the trust as in S. 11 (4A) has been dealt as length by the Hon'ble Apex Court in Thanthi Trust case (2001) 247 ITR 785 (SC), which held that ITA Nos.1483 & 1484/Bang/2013 Page 12 of 15 in view of substituted sub-s. (4A) of s. 11 w.e.f. 1st April, 1992, assessee-trust was entitled to exemption under s. 11 for asst. yr. 1992- 93 and thereafter in respect of its income of newspaper business which was employed to achieve its charitable objects. The Apex Court also c…

Suguna Charitable Trust, Coimbatore vs. ITO, Coimbatore

In the result, the appeal of the assessee is dismissed

ITA 2172/CHNY/2014[2010-2011]Status: DisposedITAT Chennai29 Jun 2016AY 2010-2011

Bench: Shri Chandra Poojari & Shri G.Pavan Kumar

For Appellant: Mr.R.Meenakshi Sundaram,AdvocateFor Respondent: Mr.Durai Pandian,ACIT DR

Section 11Section 2(15)

…आयकर अपील"य अ"धकरण, ‘’डी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL ‘ D’ BENCH : CHENNAI "ी चं" पूजार", लेखा सद"य एवं "ी जी. पवन कुमार "या"यक सद"य के सम" BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI G.PAVAN KUMAR, JUDICIAL MEMBER आयकर अपील सं./I.T.A.No.2172/Mds./2014 "नधा"रण वष" /Assessment year :2010-11 M/s.Suguna Charitable Trust, Vs Income Tax Officer, 5-A,Sathyamoorthy Road, . Company Ward-I, Ram Nagar, Coimbatore 641 009. Coimbatore [PAN AACTS 0371 C ] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant by : Mr.R.Meenakshi Sundaram,Advocate ""यथ" क" ओर से /Responde…

Hiranandani Foundaiton, Mumbai vs. Asst DIT (E) 2(1), Mumbai

In the result, all the four appeals of the assessee are allowed

ITA 560/MUM/2016[2009-10]Status: DisposedITAT Mumbai27 May 2016AY 2009-10

Bench: Shri D. Karunakara Rao & Shri Amarjit Singh

For Appellant: Shri A.N. Sontakke, DR

Section 11Section 143(3)Section 148Section 4A

…d that the said assessee was not granted exemption u/s 11 in respect of the certain receipts earned by them when books of accounts were not maintained. Further, relying on the judgment of the Hon’ble Supreme Court in the case of ACIT vs. Thanthi Trust [2001] (247 ITR 785), Ld DR submitted that books of accounts have to be maintained. During rebuttal time, Ld Counsel for the assessee brought our attention to the said judgment in the case of Thanti Trust (supra) and mentioned that in case of any ambiguity in the language / law, the benefit should be given in favour of the assessee. 8. We have heard both the parties…

The Commissioner of Income Tax III vs. Sri Sudhir Sanghi

ITTA/58/2010HC Telangana21 Mar 2016

Bench: This Court That The 1St Assessment Order Of The Ito Was Passed On 28.03.1988, Which Was Challenged Before The Leaned Cit (A) & The Same Was Dismissed On 28.11.1988. Against The Said Order, The Assessee Filed An Appeal Before The Itat, Cuttack Bench, Cuttack, Which Was Dismissed On 19.01.1990. Thereafter, By Order Dated 13.12.1990 Passed In A Misc. Application, The Order Dated 19.01.1990 Was Recalled & The Matter Was Heard Afresh. Again On 10.05.1991, Learned Tribunal Decided The Matter & Allowed The Exemption To The Assessee. The Revenue Filed Writ Petition Before This Court Challenging The Rectification Order Dated 13.12.1990. This Court On 02.12.1991 Allowed The Writ Petition & Quashed The Recalling Order Dated 13.12.1990 As Well As Its Substantive Order Dated

Section 254(2)

…1.1990 by the Tribunal in which the method of accounting adopted by the assessee was not accepted and the exemption u/s.11 was denied. He also placed reliance on the following decisions: Samajbadi Society-vs-ACIT 79 ITD 112, ACIT-Vs-Thanthi Trust 247 ITR 785 and Sole Trustee, Loka Sikshana Trust-Vs-CIT 101 ITR 234. 3. Paragraph-5 “Ground Nos.2 and 3 relate to applicability of Section 11(4A) to the facts of assessee’s case. The assessee is aggrieved by applying the provisions of section 11(4A) of the Act to the facts of this case by the lower authorities. We find no merit in these grounds…

Asst CIT (E) I(1), Mumbai vs. Institute of Chemical Technology, Mumbai

In the result, Revenue’s appeal is allowed

ITA 3808/MUM/2015[2010-11]Status: DisposedITAT Mumbai28 Oct 2015AY 2010-11

Bench: Shri B.R.Baskaran, Am & Shri Lalit Kumar, Jm

For Appellant: Shri Anu A.G.Bhatkar (CIT-DR)For Respondent: Shri Kishor Chaudhari

Section 11

…आयकर अपीऱीय अधिकरण, म ुंबई न्यायपीठ „SMC’, म ुंबई । IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “SMC”, MUMBAI श्री, बी.आर. बास्करन, लेखाकार सदस्य एवुं श्री लललत कुमार, न्याययक सदस्य, के समऺ । Before Shri B.R.Baskaran, AM and Shri Lalit Kumar, JM ITA No.3808/Mum/2015 : Asst.Year 2010-2011 The Asstt.Commissioner of Income-tax Institute of Chemical Technology (Exemption) – I(1) बनाम/ University of Mumbai Mumbai. N.M.Parekh Road, Matunga Vs. Mumbai – 400 019. PAN : AAATI4951J. (अऩीराथी /Appellant) (प्रत्मथी/Respondent) अऩीराथी की ओर से /Appellant by : Shri Anu A.G.Bhatkar (CIT-DR) प्रत्मथी की ओर से /Responden…

Bses Rajdhani Power Ltd., New Delhi vs. ACIT, New Delhi

The appeal is partly allowed

ITA 3688/DEL/2011[2005-06]Status: DisposedITAT Delhi05 Oct 2015AY 2005-06

Bench: Shri I.C. Sudhir & Shri Inturi Rama Rao Assessment Year : 2005-06 Bses Rajdhani Power Ltd., Vs. Assistant Cit, Bses Bhawan, Nehru Place, Circle-3(1), New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent) Assessment Year: 2005-06 Deputy Cit, Vs. Bses Rajdhani Power Ltd., Circle 3(1), Bses Bhavan, Nehru Place, New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent) Assessment Year : 2006-07 Bses Rajdhani Power Ltd., Vs. Assistant Cit, Bses Bhawan, Nehru Place, Circle-3(1), New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent) Assessment Year: 2006-07 Deputy Cit, Vs. Bses Rajdhani Power Ltd., Circle 3(1), Bses Bhavan, Nehru Place, New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent)

Section 154

…given to the assessee and the interpretation beneficial to the taxpayer should be accepted. Reference was made to the following cases: - CIT v. Vegetable Products Ltd.: 88 ITR 192 (SC) - CIT vs. J.K.Hosiery Factory : 159 ITR 85 (SC) - ACIT v. Thanthi Trust: 247 ITR 785 (SC) - UOI v. Onkar Kanwar : 258 ITR 761 (SC) - CIT v. A. J. Abraham Anthraper : 268 ITR 417 (Ker) - Vijay Omprakash Bansal v. CIT : 257 ITR 649 (Bom) - CIT v. L.G Balakrishnan: 255 ITR 339 (Mad) - CIT v. Quantas Airlines Ltd.: 256 ITR 84 (Del) Southern Roadways Ltd. vs. CWT: 251 ITR 213 (Mad) 22.34 Having regard to the legal position discussed…