CIT v. Fr. Mullers Charitable Institutions

363 ITR 230High Court2014#906 most cited

What is CIT v. Fr. Mullers Charitable Institutions authority for?

For a charitable trust, a violation of Section 13(1)(d) does not lead to the denial of exemption under Section 11 on its total income. Instead, only income derived from investments or deposits made in violation of Section 11(5) or income diverted under Section 13(1)(c) or 13(1)(d) is taxable.

117

judgments rely on this decision, according to BharatTax’s citation analysis of 366,369 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Fr. Mullers Charitable Institutions · Section 11 · Section 13(1)(d) · Section 11(5) · charitable trust exemption · denial of exemption · partial taxation of income · Section 164(2) · income diversion by trust

Also reported as

44 Taxmann.com 275

Issues it is cited on

Judgments citing CIT v. Fr. Mullers Charitable Institutions

DCIT, Exemptions, Chennai vs. Sri Rengambal Educational Trust, Thiruvannamalai

In the result, the appeal filed by the Revenue is dismissed

ITA 394/CHNY/2019[2011-12]Status: DisposedITAT Chennai29 Nov 2019AY 2011-12

Bench: Shri Inturi Rama Rao & Shri Duvvuru R.L. Reddyआयकर अपील सं./I.T.A. No. 394/Chny/2019 िनधा"रण वष"/Assessment Year: 2011-12 The Deputy Commissioner Of M/S. Sri Renugambal Educational Trust, Income Tax (Exemptions-Iii), Chennai Vs. I.C.C. Road, Ettivadi, Polur Taluk, Circle, Aayakar Bhavan, Annexe Thiruvannamalai 606 907. Building, Iii Floor, 121, M.G. Road, Nungambakkam, Chennai 600 034. [Pan:Aaets9713L] (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri A. Soundararajan, Addl. Cit ""थ" की ओर से/Respondent By : None सुनवाई की तारीख/ Date Of Hearing : 14.10.2019 घोषणा की तारीख /Date Of Pronouncement : 29.11.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 17, Chennai Dated 12.12.2018 Relevant To The Assessment Year 2011-12. The Effective Ground Raised In The Appeal Of The Revenue Is That The Ld. Cit(A) Erroneously Allowed The Exemption Under Section 11 Of The Income Tax Act, 1961 [“ Act” In Short].

For Appellant: Shri A. Soundararajan, Addl. CITFor Respondent: None
Section 11Section 12Section 12ASection 13(1)Section 13(1)(c)Section 2

…CIT(A) has failed to consider the decision of the ITAT, Chennai in the case of DDIT(E) v. Paramasiva Naidu Muthuvel Raj Education Trust (supra), wherein the Tribunal has considered the decision in the case of CIT v. Fr. Mullers Charitable Institutions [2014] 363 ITR 230 (Kar.) and in the case of CIT v. Working Women Forum [2014] 363 ITR 353 (Mad.). We have gone through the case law relied on by the Department in the grounds of appeal and find that in the case of DDIT v. Paramasiva Naidu Muthuvel Raj Education Trust (supra), it is clear cut case of violation of provisions of section 13(1)(c) of the Act since in t…