CIT v. Janmabhumi Press Trust

242 ITR 457High Court2000#10394 most cited

What is CIT v. Janmabhumi Press Trust authority for?

Repayment of a loan used for charitable purposes constitutes an application of income for a trust entitled to benefits under Section 11, provided the loan was originally incurred for augmenting the trust's income.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2017 to 2025.

Also referred to as

CIT v. Janmabhumi Press Trust · 242 ITR 457 · Section 11 · Section 12A · repayment of loan · application of income · charitable purpose · trust income

Sections most often in play

Section 11Section 12A

Judgments citing CIT v. Janmabhumi Press Trust

Assistant Commissioner of Income Tax, Bengaluru vs. Nagarjuna Education Scoeity, Bengaluru

In the result, the appeal filed by the revenue is hereby dismissed

ITA 479/BANG/2024[2016-17]Status: DisposedITAT Bangalore24 Feb 2025AY 2016-17

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2016-17

For Appellant: Shri Narendra Sharma, AdvocateFor Respondent: Shri V. Parithivel, JCIT-DR
Section 11Section 12A

…payment of a loan used for charitable purposes constitutes an application of income. Key cases cited in support of this position included the judgment of Hon’ble jurisdictional High Court of Karnataka in the case of CIT Vs. Janmabhoomi Press Trust reported in 242 ITR 457, where in it was held as under: “It is plain that when the assessee was a trust entitled to benefit under section 11, the only question to be decided was whether that income or the accumulated income thereof was applied for charitable purpose. If investments had been made in the construction of a building which in turn would augment its income, i…

DCIT (E), New Delhi vs. M/S Spiritual Regeneration Movement Foundation of India, New Delhi

ITA 5737/DEL/2016[2011-12]Status: DisposedITAT Delhi02 Jan 2023AY 2011-12

Bench: Sh. N. K. Billaiya & Sh. Kul Bharatassessment Year: 2011-12

Section 11Section 12Section 12ASection 50C

…when the loan is returned to the trust if will be treated as income of that year. ’ The above position has also been confirmed by various courts in the series of Judicial pronouncements. Some of these are as under – (i) CIT Vs. Janmabhumi Press Trust (2000) 242 ITR 457 (Kar.) (ii) DIT (Exemption) Vs. GKR Charities (2013) 214 Taxman 555 5.2 The asessee’s reply has been duly perused and considered. However, the asessee’s contention that it is a liability and hence cannot be shown as income in its year of raising explains that an income which has not been offered in its income & expenditure account cannot be claim…

DCIT(Exemption), Bhopal vs. Vanashpati Smriti Shiksha Samiti, Bhopal

In the result the appeal of Revenue is dismissed and the cross- objection of assessee is allowed

ITA 24/IND/2021[2016-17]Status: DisposedITAT Indore11 May 2022AY 2016-17

Bench: Shri Mahavir Prasad & Shri Bhagirath Mal Biyani(Virtual Hearing) & C.O. No.33/Ind/2021 Assessment Year: 2016-17 Dcit (Exemption) Vanashpati Smriti Bhopal Shiksha Samiti, Bhopal बनाम/ (Appellant / Revenue) (Respondent / Assessee) Vs. P.A. No. Aadts0547H Appellant By Shri P.K. Mitra Sr. Dr Respondent By Shri Pavan Ved, Ar Date Of Hearing: 03.03.2022 Date Of Pronouncement: 11.05.2022 आदेश / O R D E R

Section 11Section 12ASection 143(2)Section 143(3)

…in the Hon’ble Supreme Court has allowed not only the original cost of fixed assets as application u/s 11 but also the claim of depreciation on the very same cost of fixed assets. The Ld. AR has also cited the decision in CIT Vs. Janambhumi Press Trust (2000) 242 ITR 457 (Karnataka High Court) wherein the assessee had constructed a building in earlier year by utilising funds partly out of income and partly out of borrowings. In the later year, the assessee repaid borrowings and claimed such repayment as “application of income”. The AO did not accept repayment of borrowing as application of income but on appeal, t…

A.Shama Rao Foundation, Mangalore vs. The Assistant Commissioner of Income Tax (Exemptions) Circle-1, Mangalore

In the result, the appeals of the assessee are treated as partly allowed and the appeals of the revenue are dismissed

ITA 1165/BANG/2018[2013-14]Status: DisposedITAT Bangalore23 Jan 2020AY 2013-14

Bench: Shri N.V Vasudevan, Vice Presidnet & Shri B.R Baskaran

For Appellant: Shri Balram R Rao, AdvocateFor Respondent: Shri Pradeep Kumar, CIT (DR)
Section 10Section 11Section 12ASection 143(1)Section 143(3)

…74/Bang/2016 dated 09-06-2017). 5. In all the five years, the assessee has claimed “repayment of loans” as application of income by placing reliance on the decision rendered by Hon'ble Karnataka High Court in the case of CIT vs. Janmabhumi Press Trust (2000)(242 ITR 457). The AO expressed the view that the assessee had utilized the loan funds in the earlier years for purchase of assets and it has already claimed the value of those assets as “application of income”. Accordingly, the AO took the view that the assessee cannot claim the “repayment of said ITA Nos.1165, 1166, 1167, 1405, 1406 & 1464/Bang/2018 Page 4…

Satna Diocesab Society, Satna vs. Assistant Commissioner of Income Tax ( Exemption), Raipur

In the result, appeal of assessee is allowed as indicated above

ITA 124/RPR/2018[2014-15]Status: DisposedITAT Raipur08 Nov 2019AY 2014-15

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury,Jm आयकर अपीऱ सं. / Ita No.124/Nag/2018 नििाारण वषा / Assessment Year : 2014-15

For Appellant: Shri S.R. RaoFor Respondent: ShriG.N. Singh
Section 11(1)(a)Section 11(5)Section 12ASection 13(1)(d)Section 143(3)Section 251(2)

…de any claim as „application of income‟. Only the „repayment of loan‟ was claimed as application of income and for which reliance was placed on the following decisions: (a) CIT Vs. Maharana of Mewar Charitable Trust [164 ITR 0439] (b) Janambhumi Press Trust [242 ITR 457] and 703 (Kar.) (c) DDIT (E) Vs. GovinduNaikar Estate (Mad.), 227 ITR 283 and (d) CBDT Circular No.100 dated 24/01/1973 88 ITR (SC) 66 He therefore submitted that enhancement is uncalled for. 9 A.Y.2014-15 11. The Ld. DR on the other hand, supported the order of CIT(A). 12. We have heard the rival submissions and perused the material on recor…

The Income Tax Officer (Exemptions) Ward-1, Mangaluru vs. M/S Medical Relief Society of South Kanara, Manipal

In the result, the appeals of the revenue for AY 2008-09 and 2010-11 are partly allowed and the appeal relating to AY 2009-10 is allowed

ITA 160/BANG/2018[2008-09]Status: DisposedITAT Bangalore01 Oct 2019AY 2008-09

Bench: Shri B.R Baskaran & Smt. Beena Pillai

For Appellant: Ms. Neera Malhotra, CIT (DR)For Respondent: Smt. Sheetal Borkar, Advocate
Section 10Section 11Section 12ASection 143(3)Section 45

…Ld CIT(A) was not justified in allowing the claim of the assessee. 8. On the contrary, the Ld A.R submitted that the “repayment of loan” is held to be application of income by Hon'ble Karnataka High Court in the case of CIT vs. Janmabhumi Press Trust (2000)(242 ITR 457). 9. We have heard rival contentions on this issue and perused the record. The assessee is registered u/s 12AA of the Act as well as u/s 10(23C)(vi) of the Act. Hence the assessee is eligible for exemption both u/s 11 and sec. 10(23C)(via) of the Act. From the assessment orders, we notice that the assessee has claimed exemption u/s 10(23C)(via)…

M/S Hai Hay Kshatriya Education Society, Bhopal vs. The ACIT 2(1), Bhopal

Appeals of the assessees are allowed

ITA 458/IND/2016[2011-12]Status: DisposedITAT Indore17 Jan 2017AY 2011-12

Bench: Shri D.T. Garasia, Hon’Ble & Shri O.P. Meena, Hon’Blea.Y. 2011-12 H.K. Kalchuri Education Trust, Bhopal Pan – Aaath 3738 E ::: Appellant

Section 11Section 13(1)(c)Section 13(3)Section 13(3)(e)Section 2(15)Section 28

…H.K. Kalchuri Education Trust and others Before Shri D.T. Garasia, Hon’ble Judicial Member and Shri O.P. Meena, Hon’ble Accountant Member A.Y. 2011-12 H.K. Kalchuri Education Trust, Bhopal PAN – AAATH 3738 E ::: Appellant Vs ACIT-2(1), Bhopal ::: Respondent A.Y. 2011-12 Hai Hay Kshetriya Education Society, Bhopal PAN – AAAAH 1557 N ::: Appellant Vs ACIT-2(1), Bhopal ::: Respondent A.Y. 2011-12 Jai Narain Shiksha Samiti, Bhopal PAN – AAAAJ 2542 F ::: Appellant Vs ACIT-2(1), Bhopal ::: Respondent H.K. Kalchuri Education Trust and others A.Y. 2011-12 Rishiraj Memorial Education & Welfare Society, Bhopal PAN – AA…

M/S Rishiraj Memorial Education & Welfare Society, Bhopal vs. The ACIT 2(1), Bhopal

Appeals of the assessees are allowed

ITA 457/IND/2016[2011-12]Status: DisposedITAT Indore17 Jan 2017AY 2011-12

Bench: Shri D.T. Garasia, Hon’Ble & Shri O.P. Meena, Hon’Blea.Y. 2011-12 H.K. Kalchuri Education Trust, Bhopal Pan – Aaath 3738 E ::: Appellant

Section 11Section 13(1)(c)Section 13(3)Section 13(3)(e)Section 2(15)Section 28

…H.K. Kalchuri Education Trust and others Before Shri D.T. Garasia, Hon’ble Judicial Member and Shri O.P. Meena, Hon’ble Accountant Member A.Y. 2011-12 H.K. Kalchuri Education Trust, Bhopal PAN – AAATH 3738 E ::: Appellant Vs ACIT-2(1), Bhopal ::: Respondent A.Y. 2011-12 Hai Hay Kshetriya Education Society, Bhopal PAN – AAAAH 1557 N ::: Appellant Vs ACIT-2(1), Bhopal ::: Respondent A.Y. 2011-12 Jai Narain Shiksha Samiti, Bhopal PAN – AAAAJ 2542 F ::: Appellant Vs ACIT-2(1), Bhopal ::: Respondent H.K. Kalchuri Education Trust and others A.Y. 2011-12 Rishiraj Memorial Education & Welfare Society, Bhopal PAN – AA…

M/S H.K. Kalchuri Education Trust, Bhopal vs. The ACIT 2(1), Bhopal

Appeals of the assessees are allowed

ITA 456/IND/2016[2011-12]Status: DisposedITAT Indore17 Jan 2017AY 2011-12

Bench: Shri D.T. Garasia, Hon’Ble & Shri O.P. Meena, Hon’Blea.Y. 2011-12 H.K. Kalchuri Education Trust, Bhopal Pan – Aaath 3738 E ::: Appellant

Section 11Section 13(1)(c)Section 13(3)Section 13(3)(e)Section 2(15)Section 28

…H.K. Kalchuri Education Trust and others Before Shri D.T. Garasia, Hon’ble Judicial Member and Shri O.P. Meena, Hon’ble Accountant Member A.Y. 2011-12 H.K. Kalchuri Education Trust, Bhopal PAN – AAATH 3738 E ::: Appellant Vs ACIT-2(1), Bhopal ::: Respondent A.Y. 2011-12 Hai Hay Kshetriya Education Society, Bhopal PAN – AAAAH 1557 N ::: Appellant Vs ACIT-2(1), Bhopal ::: Respondent A.Y. 2011-12 Jai Narain Shiksha Samiti, Bhopal PAN – AAAAJ 2542 F ::: Appellant Vs ACIT-2(1), Bhopal ::: Respondent H.K. Kalchuri Education Trust and others A.Y. 2011-12 Rishiraj Memorial Education & Welfare Society, Bhopal PAN – AA…

M/S Jai Narain Shiksha Samiti, Bhopal vs. The ACIT 2(1), Bhopal

Appeals of the assessees are allowed

ITA 455/IND/2016[2011-12]Status: DisposedITAT Indore17 Jan 2017AY 2011-12

Bench: Shri D.T. Garasia, Hon’Ble & Shri O.P. Meena, Hon’Blea.Y. 2011-12 H.K. Kalchuri Education Trust, Bhopal Pan – Aaath 3738 E ::: Appellant

Section 11Section 13(1)(c)Section 13(3)Section 13(3)(e)Section 2(15)Section 28

…H.K. Kalchuri Education Trust and others Before Shri D.T. Garasia, Hon’ble Judicial Member and Shri O.P. Meena, Hon’ble Accountant Member A.Y. 2011-12 H.K. Kalchuri Education Trust, Bhopal PAN – AAATH 3738 E ::: Appellant Vs ACIT-2(1), Bhopal ::: Respondent A.Y. 2011-12 Hai Hay Kshetriya Education Society, Bhopal PAN – AAAAH 1557 N ::: Appellant Vs ACIT-2(1), Bhopal ::: Respondent A.Y. 2011-12 Jai Narain Shiksha Samiti, Bhopal PAN – AAAAJ 2542 F ::: Appellant Vs ACIT-2(1), Bhopal ::: Respondent H.K. Kalchuri Education Trust and others A.Y. 2011-12 Rishiraj Memorial Education & Welfare Society, Bhopal PAN – AA…