CIT v. Indian National Theatre Trust

305 ITR 149High Court2008#2604 most cited

What is CIT v. Indian National Theatre Trust authority for?

A loan advanced by a charitable trust to another charitable trust can be treated as an application of income for the purpose of availing exemption under Section 11 of the Income-tax Act.

45

judgments rely on this decision, according to BharatTax’s citation analysis of 366,418 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Indian National Theatre Trust · Section 11 · Section 13 · loan to charitable trust · application of income · charitable trust exemption · 305 ITR 149 · Delhi High Court · 12A registration · accumulation of income

Sections most often in play

Section 11Section 13(1)(c)Section 13(2)(h)Section 142(1)Section 143(2)Section 234BSection 234CSection 12A

Issues it is cited on

section 13(2)accumulation of incomesection 13(3)section 13(1)(c)section 13(1)application of incomesection 11(1)section 234section 12asection 12aasection 11section 143(1)

Judgments citing CIT v. Indian National Theatre Trust

M/S the Augustinian Society, Bangalore vs. Asst.DIT, Bangalore

In the result, the appeal by the assessee is allowed

ITA 973/BANG/2015[2007-08]Status: DisposedITAT Bangalore30 Nov 2015AY 2007-08

Bench: Smt. Asha Vijayaraghavan & Shri Jason P. Boazassessment Year : 2007-08

For Appellant: Shri Suresh Muthukrishnan, CAFor Respondent: Dr. P.K. Srihari, Addl. CIT(DR)
Section 10Section 10(22)Section 11(2)Section 143(2)

…o denial of carry forward of the deficit being the excess application of income to be set-off against income from property held under trust in the future. 18. The CIT(Appeals) relying on the decision in the case of CIT v. Indian National Theatre Trust (2008) 305 ITR 149 and ITO v. Trustees of Sri Satya Sai Trust (33 ITD 320) held that deficit cannot be allowed to be carried forward for set off in future years when surplus income is available. 19. Aggrieved, the assessee is in appeal before us. 20. The coordinate Bench of this Tribunal in the case of Jyothy Seva Society of Bangalore in ITA No.312/Bang/2015 by o…

M/S Karnataka Fransalian Society, Bangalore vs. DDIT, Bangalore

In the result, appeal filed by the assessee is allowed

ITA 972/BANG/2015[2011-12]Status: DisposedITAT Bangalore18 Nov 2015AY 2011-12

Bench: Shri. Abraham P. George & Shri. Vijaypal Raoi.T.A No.972/Bang/2015 (Assessment Year : 2011-12) M/S. Karnataka Fransalian Society, “Vinayalaya”, P. B. No.5557, Malleswaram West, Bangalore 560 084 .. Appellant Pan : Aaatk1206E V. Deputy Commissioner Of Income-Tax (Exemption), Circle -17(2), Bangalore .. Respondent Assessee By : Shri. Suresh Muthukrishnan, Ca Revenue By : Shri. Sunil Kumar Agarwala, Jcit Heard On : 16.11.2015 Pronounced On : 18.11.2015 O R D E R Per Abraham P. George:

For Appellant: Shri. Suresh Muthukrishnan, CAFor Respondent: Shri. Sunil Kumar Agarwala, JCIT
Section 10(23)(c)Section 11Section 12ASection 154Section 28

…2, 13 and Sec.10(23)(c) of the Act. He denied the claim for carry forward. 03. Assessee’s appeal before the CIT (A) did not meet with any success. CIT (A) relying on the judgment of Hon’ble Delhi High Court in the case of Indian National Theatre Trust [(2008) 305 ITR 149], held that claim of the assessee could not be allowed. As per the CIT (A), deficit arose on account of excess application for charitable purpose and such excess could not be treated on par with total income / loss. He confirmed the order of AO. 04. Now before us, Ld. AR strongly assailing the order of lower authorities submitted that coordinate…

M/S Sevasadan Orphanage and Training Institute, Bangalore vs. DDIT, Bangalore

In the result, appeal of the assessee is allowed

ITA 971/BANG/2015[2011-12]Status: DisposedITAT Bangalore10 Nov 2015AY 2011-12

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Raom/S Sevasadan Orphanage & Training Institute, #347, Sarjapur Road, Koramangala, Bangalore-560 034. . Appellant Vs. The Dy. Commissioner Of Income-Tax (Exemption), Circle – 17(2), Bangalore. . Respondent

For Appellant: Shri S Venkatesan, C.AFor Respondent: Smt. Rukmani Attri, JCIT
Section 11(1)(a)

…Pujak Jain Mandal (1995) 211 itr 293 (Guj.) • CIT Vs. Sacred Heart Church 278 ITR 180 (Guj.) • CIT Vs. Matriseva Trust (2000) 242 ITR 20 (Mad) • Gem & Jewellery Export Promotion Council Vs. ITO (1999) 68 ITD 95 (Mum) • CIT Vs. St. George Forane Church (1988) 170 ITR 62; 36 Taxman 42 (Ker.) • Trustees of Balkan J Bari (1979) 10 CTR (Trib) 22 (Bombay) • Chotanagpur Diocesan Trust Vs. ITO 19 ITD 175 (Patna) 5. CIT(A) concluded the decision of the Hon’ble ITAT Bombay in case of ITO Vs. Trustees of Sri Satya Sai Trust (33 ITD 320) have ITA No.971/B/15 4 also affirmed the AO’s position holding that the deficit aris…

The Jyothi Seva Society of Bangalore, Bangalore vs. Asst.C.I.T., Bangalore

In the result, the assessee's appeal for Assessment Year 2007-08 is allowed

ITA 312/BANG/2015[2007-08]Status: DisposedITAT Bangalore24 Sept 2015AY 2007-08

Bench: Shri Vijay Pal Rao & Shri Jason P. Boaz

For Appellant: Shri V. Srinivasan, C.AFor Respondent: Shri S.K. Agarwala, JCIT (D.R)
Section 12ASection 143(3)

…n of income by charitable trusts to be regarded as / for application of income in the later years. In coming to this conclusion, the learned CIT (Appeals) relied upon the judgment of the Hon'ble High Court of Delhi in the case of CIT V. Indian National Trust (305 ITR 149) and the decision of the ITAT, Mumbai Bench in the case of Trustees of Sri Satya Sai Trust (33 ITD 320). The learned CIT (Appeals), accordingly, declined to allow the carry forward of deficit claimed by the assessee and dismissed the assessee's appeal vide order dt.20.1.2015. 3. Aggrieved by the order of the CIT (Appeals)-14, LTU, Bangalore dt.27…

M/S Franciscan Service Society, Bangalore vs. Dyt, D, I, T, Bangalore

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

ITA 316/BANG/2015[2011-12]Status: DisposedITAT Bangalore10 Jul 2015AY 2011-12

Bench: Smt. P. Madhavi Devi & Shri Jason P. Boaz

For Appellant: Shri V. Srinivasan, C.AFor Respondent: Shri P. Dhivahar, JCIT (D.R)
Section 12ASection 143(3)

…n of income by charitable trusts to be regarded as / for application of income in the later years. In coming to this conclusion, the learned CIT (Appeals) relied upon the judgment of the Hon'ble High Court of Delhi in the case of CIT V. Indian National Trust (305 ITR 149) and the decision of the ITAT, Mumbai Bench in the case of Trustees of Sri Satya Sai Trust (33 ITD 320). The learned CIT (Appeals), accordingly, declined to allow the carry forward of deficit claimed by the assessee and dismissed the assessee's appeal vide order dt.27.10.2014. 3. Aggrieved by the order of the CIT (Appeals)-14, LTU, Bangalore dt.2…