Bai Sonabai Hirji Agiary Trust v. ITO

93 ITD 70Income Tax Appellate Tribunal2005#3028 most cited

What is Bai Sonabai Hirji Agiary Trust v. ITO authority for?

For the purpose of accumulation of income under section 11(1)(a), the calculation is to be made on the gross receipts of the trust before deducting any expenses. This interpretation is based on the plain language of section 11(1)(a) and is supported by Supreme Court decisions.

39

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2015 to 2024.

Also referred to as

Bai Sonabai Hirji Agiary Trust v. ITO · 93 ITD 70 · section 11(1)(a) · accumulation of income · gross receipts · charitable purposes · charitable trust · CIT v. Programme for Community Organization

Issues it is cited on

Judgments citing Bai Sonabai Hirji Agiary Trust v. ITO

M/S Allard Education Society, Bangalore vs. DDIT, Bangalore

In the result, the assessee's appeal for Assessment Year 2011-12 is allowed as indicated above

ITA 355/BANG/2015[2011-12]Status: DisposedITAT Bangalore23 Oct 2015AY 2011-12

Bench: Smt. Asha Vijayaraghavan & Shri Jason P. Boazi.T. A. No.355/Bang/2015 (Assessment Year : 2011-12) M/S. Allard Education Society, No.441, St. Thomas Town, Hennur Road, Bangalore-560 084 …. Appellant. Pan Aaata 3937E Vs. Dy. Commissioner Of Income Tax (Exemptions), Circle 17(1), Bangalore. ….. Respondent. Appellant By : Shri V. Srinivasan, C.A. Respondent By : Shri Sunil Kumar Agarwala, Jcit (D.R.) Date Of Hearing : 6.10.2015. Date Of Pronouncement : 23.10.2015. O R D E R Per Shri Jason P. Boaz, A.M. : This Appeal By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-14, Ltu, Bangalore Dt.29.10.2014 Relating To Assessment Year 2011-12. 2. The Facts Of The Case, Briefly, Are As Under :- 2.1 The Assessee Is A Public Religious Cum Public Charitable Institution Registered Under The Karnataka Societies Act, 1960 & Also Registered Under Section 12A Of The Income Tax Act Vide Order No.Pro 718/10A/Vol.A1/A-280 Dt.23.4.1975 As A Religious-Cum-Educational Institution. The Assessee Filed Its Return Of Income For Assessment Year 2011-12 On 27.3.2012

For Appellant: Shri V. Srinivasan, C.AFor Respondent: Shri Sunil Kumar Agarwala, JCIT (D.R.)
Section 11(1)(a)Section 11(2)Section 12ASection 143(3)

…ed.” 6.3.2 We find that the co-ordinate bench of this Tribunal in the case of Jyothi Charitable Trust (supra) in coming to the aforesaid conclusion has followed the decision of the Special Bench of the ITAT in the case of Bai Sonabai Hirji Agiary Trust V ITO 93 ITD 70 (SB). In the light of the above discussions, and following the decision of the co-ordinate bench of this Tribunal in Jyothi Charitable Trust (supra), we hold and direct the Assessing Officer to allow the accumulation of income at 15% of the gross receipts as claimed by the assessee and not on the basis of net income as held by him and accordingly s…