How many judgments cite CIT v. Maharana of Mewar Charitable Foundation?

153 judgments on BharatTax cite CIT v. Maharana of Mewar Charitable Foundation (164 ITR 439), spanning 2015 to 2026.

Which sections of the Income Tax Act does CIT v. Maharana of Mewar Charitable Foundation come up under?

It is most often cited in judgments turning on Section 11, Section 11(1)(a), Section 11(1)(c), Section 11(2), Section 12A, Section 143(1).

CIT v. Maharana of Mewar Charitable Foundation

164 ITR 439High Court1987#647 most cited

What is CIT v. Maharana of Mewar Charitable Foundation authority for?

For charitable trusts, the set-off of excess expenditure from prior years against the income of a subsequent year is considered an application of income for charitable purposes. Similarly, the repayment of loans borrowed for legitimate charitable activities is also treated as an application of income.

153

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Maharana of Mewar Charitable Foundation · Maharana of Mewar · Section 11 Income Tax Act · Section 11(1)(a) · application of income · charitable trust exemption · carry forward of deficit · set off of excess expenditure · repayment of loan application of income · charitable purposes

Also reported as

29 Taxmann 476

Sections most often in play

Section 11 Section 11(1)(a)Section 11(1)(c)Section 11(2)Section 12A Section 143(1)Section 143(3)Section 250

Issues it is cited on

carry forward of losses section 11(1)(a)section 11(1)application of income section 28 section 12a section 11 previous year person section 143(3)india business

Judgments citing CIT v. Maharana of Mewar Charitable Foundation

Sri.Jose Thomas, Adoor P.O., Pathanamthitta vs. The ACIT, Cen-Circle, Kottayam

In the result, the appeals of the assessesin ITA no

ITA 213/COCH/2019[2011-12]Status: DisposedITAT Cochin30 Sept 2019AY 2011-12

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

…1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI CHANDRA POOJARI, AM & GEORGE GEORGE K., JM I.T.A. Nos. 27 to 31/Coch/2019 Assessment Years : 2004-05 to 2009-10 Jose Thomas, Vs. The Assistant Commissioner of Padijareveettil, Income-tax, Central Circle, Puthenveedu, Kottayam. Adoor P.O., Pathanamthitta-691 523. PAN:ADCPT 9216G] (Assessee-Appellant) (Revenue-Respondent) I.T.A. Nos. 32 to 35/Coch/2019 Assessment Years : 2004-05 to 2007-08 Smt. GracyBabu, Vs. The Assistant Commissioner of Padijareveettil, Income-tax, Central Circle, Puthenveedu, Kottayam. Adoor P.O., Pathanamthi…

Mrs.Gracy Babu, Adoor P.O., Pathanamthitta vs. The DCIT, Cen-Circle, Kottayam

In the result, the appeals of the assessesin ITA no

ITA 210/COCH/2019[2011-12]Status: DisposedITAT Cochin30 Sept 2019AY 2011-12

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

ACIT-(E), Circle-1, Bangalore vs. M/S. Bhagwan Mahaveer Memorial Jain Educational and Cultural Trust, Bangalore

In the result, the appeal of the Revenue are dismissed while the appeals by the assessee are partly allowed

ITA 1514/BANG/2016[2010-11]Status: DisposedITAT Bangalore21 Aug 2019AY 2010-11

Bench: Shri N.V. Vasudevan, Vice- & Shri Jason P.Boaz

For Appellant: Shri H.N Khincha, C.AFor Respondent: Shri Pradeep Kumar, CIT (DR)

Section 143(3)Section 32Section 35(2)(iv)

…excess of expenditure incurred over the income of earlier years against the income of a later year will amount to application of income of such later year. The above is the position of law as held in the case of CIT Vs. Maharana of Mewar Charitable Foundation 164 ITR 439 (Raj) CIT Vs. Shri Plot Swetamber Murti Pujak Jain Mandal 211 ITR 293 (Guj.). In CIT Vs. Institute of Banking Personnel Selection 264 ITR 110 (Bom) it was held that in case of charitable trust whose income is exempt under s. 11, excess of expenditure in the earlier years can be adjusted against income of subsequent years and such adjustment would…

DCIT (Exemptions) Chennai Circle, Chennai vs. The Council of Seventh Day Adventist Educational Institutions, Chennai

In the result, the appeal filed by the Revenue is partly allowed for statistical purposes

ITA 1014/CHNY/2018[2010-11]Status: DisposedITAT Chennai25 Jul 2019AY 2010-11

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy]

For Appellant: Shri. G.N. Raghavendra Rao, JCITFor Respondent: Shri. R.M. Narayanan, C.A

Section 11Section 12ASection 143(3)

…आयकर अपील"य अ"धकरण, ‘बी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL, ‘B’ BENCH : CHENNAI "ी इंटूर" रामा राव, लेखा सद"य एवं "ी धु"वु" आर.एल रे"डी, "या"यक सद"य के सम" [BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY, JUDICIAL MEMBER] आयकर अपील सं./I.T.A. No.1012, 1013 & 1014/CHNY/2018. "नधा"रण वष" /Assessment years : 2008-09, 2009-10 & 2010-2011. The Deputy Commissioner of Vs. M/s. The Council of Seventh Income Tax, day Adventist Educational Exemptions, Institutions, Chennai 600 034. No.AA-148, Third Avenue, Anna Nagar, Chennai 600 040. [PAN AAATC 0175A] (अपीलाथ"/Appellant) (""य…

DCIT (Exemptions) Chennai Circle, Chennai vs. The Council of Seventh Day Adventist Educational Institutions, Chennai

In the result, the appeal filed by the Revenue is partly allowed for statistical purposes

ITA 1013/CHNY/2018[2009-10]Status: DisposedITAT Chennai25 Jul 2019AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy]

For Appellant: Shri. G.N. Raghavendra Rao, JCITFor Respondent: Shri. R.M. Narayanan, C.A

Section 11Section 12ASection 143(3)

DCIT (Exemptions) Chennai Circle, Chennai vs. The Council of Seventh Day Adventist Educational Institutions, Chennai

In the result, the appeal filed by the Revenue is partly allowed for statistical purposes

ITA 1012/CHNY/2018[2008-09]Status: DisposedITAT Chennai25 Jul 2019AY 2008-09

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy]

For Appellant: Shri. G.N. Raghavendra Rao, JCITFor Respondent: Shri. R.M. Narayanan, C.A

Section 11Section 12ASection 143(3)

The Dy. Commissioner of Income Tax (Exemptions), Circle-1, Ahmedabad vs. Dawat Properties Trust, Ahmedabad

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

ITA 261/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad23 Jul 2019AY 2014-15

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasad

For Appellant: Sr.D.RFor Respondent: None

Section 11Section 11(1)(a)

…it arising out of expenditure over income for the previous year should, therefore, be set off against surplus of income over expenditure relating to the subsequent year. Similar view has been expressed in CIT vs. Maharana of Mewar Charitable Foundation (1987) 164 ITR 439 (Raj) and CIT vs. Matriseva Trust (2000) 242 ITR 20 (Mad). Whatever little controversy might be existing has been put to rest by the recent decision of the Hon’ble Supreme Court in the case of CIT(Exemption) vs. Subros ITA No. 261/Ahd/18 [DCIT(Exemp.) vs. Dawat Properties Trust] A.Y. 2014-15 - 4 - Education Society (2018) 303 CTR 1 (SC). Hence,…

Assistant Commissioner of Income Tax, (Exemptions), Circle-1, Mangaluru vs. M/S. T.A. Pai Management Institute, Mangaluru

In the result, Revenue's appeal for Assessment Year 2010-11 is dismissed

ITA 2688/BANG/2017[2010-11]Status: DisposedITAT Bangalore12 Jun 2019AY 2010-11

Bench: Shri N. V. Vasudevan & Shri Jason P Boazi.T. A. No.2688/Bang/2017 (Assessment Year : 2010-11) The Assistant Commissioner Of Vs. M/S. T. A. Pai Management Institute, Income-Tax (Exemptions), Post Box No.9, Circle–1, 80 Badagabettu, Manipal, Mangalore. Pan : Aaatt 2248 R Appellant Respondent Revenue By : Shri. Pradeep Kumar, Cit Assessee By : Shri. M. Sridhar Kamath, Ca Date Of Hearing : 29.04.2019 Date Of Pronouncement : 12.06.2019 O R D E R

For Appellant: Shri. M. Sridhar Kamath, CAFor Respondent: Shri. Pradeep Kumar, CIT

Section 10Section 10(2)Section 11(1)Section 12ASection 143(3)Section 35Section 35(1)(iv)

…expenditure incurred over the income of earlier years against the income of a later year will amount to application of income of such later year. The above is the position of law as held in. the case of CIT v. Afaharana of Mewar. Charitable Foundation [1987] 164 ITR 439/[1986] 29 Taxman 476 (Raj) and CIT v. Plot Swetamber Afurti Pukik Jain Mandal [1995] 211 ITR 293 (Guj.). In CIT v. Institute of Banking Personnel Selection [2003] 264 ITR 1101 31 Taxman 386 (Born.) it was held that in case of charitable trust whose income is exempt under s. 11, excess of expenditure in the earlier in years can be adjusted against…

DCIT (Exemptions), Circle-2, Ahmedabad vs. Shree Bharatimiya Memorial Foundation, Surat

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

ITA 2619/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad29 May 2019AY 2013-14

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kedia

For Respondent: Shri Hardik Vora, A.R

Section 11Section 11(1)(a)

…it arising out of expenditure over income for the previous year should, therefore, be set off against surplus of income over expenditure relating to the subsequent year. Similar view has been expressed in CIT vs. Maharana of Mewar Charitable Foundation (1987) 164 ITR 439 (Raj) and CIT vs. Matriseva Trust (2000) 242 ITR 20 (Mad). Whatever little controversy might be existing has been put to rest by the recent decision of the Hon’ble Supreme Court in the case of CIT(Exemption) vs. Subros Education Society (2018) 303 CTR 1 ITA No. 2619/Ahd/17 [DCIT(Exemp.) vs. Shree Bhartimaiya Memorial Foundation] A.Y. 2013-14 - 4…

The Dy. CIT (Exemptions), Circle-2, Ahmedabad vs. M/S. Kasturben Jagjivanbhai Bhalodia Charitable Trust, Rajkot

In the result, appeal filed by the Revenue is dismissed

ITA 1545/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad30 Apr 2019AY 2013-14

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasad

For Appellant: Shri Vinod Tanwani, Sr. D.R

Section 11

…it arising out of expenditure over income for the previous year should, therefore, be set off against surplus of income over expenditure relating to the subsequent year. Similar view has been expressed in CIT vs. Maharana of Mewar Charitable Foundation (1987) 164 ITR 439 (Raj) and CIT vs. Matriseva Trust (2000) 242 ITR 20 (Mad). Hence, the CIT(A) in our view has correctly applied the law as evolved by the judicial precedents. In the absence of any infirmity in the order of the CIT(A), we decline to interfere therewith. 9. In the result, the appeal filed by the Revenue is dismissed. 10. The ground of appeal raise…

Income Tax Officer, Exemptions-(4), Hyderabad vs. Sreethaja Educational Society, Hyderabad

In the result, appeal filed by the Revenue is dismissed

ITA 1371/HYD/2017[2012-13]Status: DisposedITAT Hyderabad07 Mar 2019AY 2012-13

Bench: Smt. P. Madhavi Devi & Shri D.S. Sunder Singhassessment Year: 2012-13 The Income Tax Officer Vs. M/S. Sreethaja (Exemptions)-4, Educational Society, Hyderabad. 17-1-388, 1St Floor, Lakshmi Nagar, Saidabad, Hyderabad. Pan- Aacas8178A (Appellant) (Respondent) Revenue By : Smt., Komali Krishna, Assessee By : Shri A.V. Raghuram

For Appellant: Shri A.V. RaghuramFor Respondent: Smt., Komali Krishna

Section 11Section 11(1)(a)

…that excess expenditure of earlier years is not eligible for setoff against income of succeeding Assessment years. During the appellate proceedings, assessee, relying on Hon’ble Rajasthan High Court decision in case of Maharana of Mewar Charitable foundation (164 ITR 439), Gujarat High Court decision in case of Swetambar Murty (211 ITR 368), Madras High Court in case of Govindu Naicker Estate (248 ITR 293), argued that setoff of brought forward expenditure of earlier years is allowable. I have considered the arguments of the assesse and in view of various decisions in favour of the assessee direct the A.O to allo…

Foundation for Indian Sporting Talent (Fist), Bangalore vs. Income Tax Officer (Exemptions), Ward-1, Bagalore

In the result, the appeals by the Revenue are dismissed and that of the Assessee are partly allowed

ITA 1711/BANG/2017[2012-13]Status: DisposedITAT Bangalore25 Jan 2019AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri C. Ramesh, CAFor Respondent: Shri R.N. Siddappaji, Addl.CIT(DR)(ITAT), Bengaluru

Section 12ASection 143(3)Section 32Section 35(2)(iv)

…excess of expenditure incurred over the income of earlier years against the income of a later year will amount to application of income of such later year. The above is the position of law as held in the case of CIT Vs. Maharana of Mewar Charitable Foundation 164 ITR 439 (Raj) and CIT Vs. Shri Plot Swetamber Murti Pujak Jain Mandal 211 ITR 293 (Guj.). In CIT Vs. Institute of Banking Personnel Selection 264 ITR 110 (Bom) it was held that in case of charitable trust whose income is exempt under s. 11, excess of expenditure in the earlier years can be adjusted against income of subsequent years and such adjustment w…

Foundation for Indian Sporting Talent (Fist), Bangalore vs. Deputy Director of Income Tax (Exemptions), Circle-17(1), Bangalore

In the result, the appeals by the Revenue are dismissed and that of the Assessee are partly allowed

ITA 1710/BANG/2017[2011-12]Status: DisposedITAT Bangalore25 Jan 2019AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri C. Ramesh, CAFor Respondent: Shri R.N. Siddappaji, Addl.CIT(DR)(ITAT), Bengaluru

Section 12ASection 143(3)Section 32Section 35(2)(iv)

…excess of expenditure incurred over the income of earlier years against the income of a later year will amount to application of income of such later year. The above is the position of law as held in the case of CIT Vs. Maharana of Mewar Charitable Foundation 164 ITR 439 (Raj) and CIT Vs. Shri Plot Swetamber Murti Pujak Jain Mandal 211 ITR 293 (Guj.). In CIT Vs. Institute of Banking Personnel Selection 264 ITR 110 (Bom) it was held that in case of charitable trust whose income is exempt under s. 11, excess of expenditure in the earlier years can be adjusted against income of subsequent years and such adjustment w…

Deputy Director of Income Tax (Exemptions), Circle-17(1), Bangalore vs. M/S. Foundation for Indian Sporting Talent (Ifst), Bangalore

In the result, the appeals by the Revenue are dismissed and that of the Assessee are partly allowed

ITA 1666/BANG/2017[2012-13]Status: DisposedITAT Bangalore25 Jan 2019AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri C. Ramesh, CAFor Respondent: Shri R.N. Siddappaji, Addl.CIT(DR)(ITAT), Bengaluru

Section 12ASection 143(3)Section 32Section 35(2)(iv)

…excess of expenditure incurred over the income of earlier years against the income of a later year will amount to application of income of such later year. The above is the position of law as held in the case of CIT Vs. Maharana of Mewar Charitable Foundation 164 ITR 439 (Raj) and CIT Vs. Shri Plot Swetamber Murti Pujak Jain Mandal 211 ITR 293 (Guj.). In CIT Vs. Institute of Banking Personnel Selection 264 ITR 110 (Bom) it was held that in case of charitable trust whose income is exempt under s. 11, excess of expenditure in the earlier years can be adjusted against income of subsequent years and such adjustment w…

Deputy Director of Income Tax (Exemtions), Circle-17(1), Bangaloe vs. M/S Foundation for Indian Sporting Talent (Fist), Bangalore

In the result, the appeals by the Revenue are dismissed and that of the Assessee are partly allowed

ITA 1665/BANG/2017[2011-12]Status: DisposedITAT Bangalore25 Jan 2019AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri C. Ramesh, CAFor Respondent: Shri R.N. Siddappaji, Addl.CIT(DR)(ITAT), Bengaluru

Section 12ASection 143(3)Section 32Section 35(2)(iv)

…excess of expenditure incurred over the income of earlier years against the income of a later year will amount to application of income of such later year. The above is the position of law as held in the case of CIT Vs. Maharana of Mewar Charitable Foundation 164 ITR 439 (Raj) and CIT Vs. Shri Plot Swetamber Murti Pujak Jain Mandal 211 ITR 293 (Guj.). In CIT Vs. Institute of Banking Personnel Selection 264 ITR 110 (Bom) it was held that in case of charitable trust whose income is exempt under s. 11, excess of expenditure in the earlier years can be adjusted against income of subsequent years and such adjustment w…

The ITO, (Exemptions), Ward-2, Ahmedabad vs. Utthan Seva Sansthan, Ahmedabad

In the result, appeal of the Revenue is dismissed

ITA 2017/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2012-13

Bench: Justice Shri P. P. Bhatt & Shri Pradip Kumar Kediaआयकर अपील सं./I.T.A. No. 2017/Ahd/2016 ("नधा"रण वष" / Assessment Year : 2012-13)

For Appellant: Shri Lalit P. Jain, Sr. D.R

Section 11Section 11(1)(a)

…आयकर अपील"य अ"धकरण, अहमदाबाद "यायपीठ ‘C’ अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, AHMEDABAD BEFORE JUSTICE SHRI P. P. BHATT, PRESIDENT & SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A. No. 2017/Ahd/2016 ("नधा"रण वष" / Assessment Year : 2012-13) Income Tax Officer Utthan Sewa Sansthan बनाम/ (Exemptions) 26, Surdhara Bunglows, Vs. Ward – 2, Ahmedabad Opp. TV Tower, Near Goyal Intercity, Thaltej, Ahmedabad-380054 "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAATU0363J .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से /Appellant by : Shri Lalit P. Jain, Sr. D.R. Shri Pramod…

DCIT (E), New Delhi vs. M/S. Project Concern Intl., New Delhi

In the result, appeal of the Revenue is dismissed

ITA 2678/DEL/2015[2011-12]Status: DisposedITAT Delhi16 Jan 2019AY 2011-12

Bench: Shri Amit Shukla & Shri O.P. Kantassessment Year: 2011-12

Section 11Section 12ASection 143(2)Section 143(3)Section 70

…at the income is to be computed in commercial principles and as such adjustment of brought forward loss or deficit and carry forward of loss/ deficit is to be allowed and the several case laws are as under:- i) CIT vs. Maharana of Mewar Charitable Foundation, 164 ITR 439 (Raj) 1987. ii) CIT vs. Shri Plot Swetamaber Murti Pujak Jain Mandal, 211 ITR 293 (Guj) 1995. (iii) CIT vs. Matrisewa Trust, 242 ITR 20 (Mad) 2000 Govindu (iv) Naicker Estate vs. ADIT, 248 ITR 110 (Bom) 2003. (v) CIT vs. Institute of Banking, 264 ITR 110 (Bom) 2003. (vi) DIT vs. Raghuvanshi Charitable Trust, 197 Taxmann 170 (Delhi) 2011 (vii) CIT…

M/S. K.S.D. Charitable Trust, Meerut vs. ACIT, Meerut

In the result, the appeal filed by Assessee is allowed

ITA 3033/DEL/2015[2010-11]Status: DisposedITAT Delhi13 Dec 2018AY 2010-11

Bench: Shri H.S. Sidhu & Shri L.P. Sahuassessment Year 2010-11 M/S Ksd Charitable Trust, Vs. Assistant Commissioner Of C/O Ganesh Cold, Income Tax, Circle-1, Storage, Meerut Railway Road, Meerut. (Pan: Aabtk2686H) (Appellant) (Respondent) Appellant By : Shri K. Sampath, Advocate Respondent By : Shri Sridhar Dora, Sr. Dr

For Appellant: Shri K. Sampath, AdvocateFor Respondent: Shri Sridhar Dora, Sr. DR

Section 11Section 143(3)Section 72

…g the assessee to claim set off against the brought forward losses has put reliance upon the following decisions:- “CIT Vs. Matri Sewa Trust, 242 ITR 20 (Mad.); CIT Vs. Institute of Banking, 264 ITR 110 (Bom.); CIT Vs. Maharana of Mewar Charitable Foundation 164 ITR 439 & Govindu Naicker Estate Vs. ADIY, 248 ITR 368” 5. We have gone through the order of the CIT(A) in assessment years 2001-02, 2003-04 & 2004-05. In those years, the assessee has been permitted to carry forward the losses and also to claim set off of such losses against the income. The CIT(A) has made a reference in those assessment years to sectio…

DCIT (Exemptions), Chennai vs. Great Lakes Institute of Management, Chennai

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

ITA 2879/CHNY/2017[2011-12]Status: DisposedITAT Chennai29 Oct 2018AY 2011-12

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddyआयकर अपील सं./I T.A. No. 2879/Chny/2017 िनधा"रण वष"/Assessment Year:2011-12 The Deputy Commissioner Of M/S. Great Lakes Institute Of Income Tax (Exemption), Chennai Vs. Management, No. 24, South Mada Circle, Aayakar Bhavan, Annexe Street, Srinagar Colony, Saidapet, Building, Iii Floor, 121, M.G. Road, Chennai 600 015. Nungambakkam, Chennai – 600 034. [Pan:Aaccg2885L] (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Maruda Pandian, Addl. Cit ""थ" की ओर से/Respondent By : None सुनवाई की तारीख/ Date Of Hearing : 11.09.2018 घोषणा की तारीख /Date Of Pronouncement : 29.10.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals) 17, Chennai Dated 14.09.2017 Relevant To The Assessment Year 2011-12. The Only Effective Ground Raised In The Appeal Of The Revenue Is That The Ld. Cit(A) Has Erred In Holding That The Assessee Is Eligible To Set Off Of Brought Forward Excess Application Of Funds To Subsequent Years.

For Appellant: Shri Maruda Pandian, Addl. CITFor Respondent: None

Section 11Section 12ASection 142(1)Section 143(2)Section 143(3)

…f CIT vs. Institute of Banking Personnel [264 ITR 110 (Bom.), the Hon’ble Delhi High Court decided the issue in favour of the assessee after analysing five different judgements of different High Courts viz., (i)CIT vs. Maharana of Mewar Charitable Foundation [164 ITR 439 (Raj.)], (ii) CIT v. Shri Plot Swetamber Murti Pujak Jain Mandal [1995] 211 ITR 293 (Guj), (iii) CIT vs. Institute of Banking Personnel [264 ITR 110 (Bom.)]; (iv) CIT vs. Siddaramanna Charities Trust [96 ITR 275 (Mys); and (v) CIT vs. Matriseva Trust [242 ITR 20 (Mad.)]. The relevant observations of the Hon‟ble Mr. Justice S.H. Kapadia in the cas…

The ITO, (Exemptions), Ward, Surat vs. Shree Ambika Niketan Trust, Surat

In the result, the appeal of the revenue is dismissed

ITA 667/AHD/2017[2013-14]Status: DisposedITAT Surat24 Oct 2018AY 2013-14

Bench: Shri Rajpal Yadav & Shri Amarjit Singhअपील सं./Ita No.667/Ahd/2017 "नधा"रण वष"/Asstt. Year:2013-2014 Income Tax Officer, Shree Ambika Niketan Trust, [Exemption] Ward, Surat, H.No.13/52, Vs. Surat. C/0 Ambika Niketan Mandir, Khan Saheb Ni Wadi, Athwalines, Surat-395001. Pan Aabts2849C (Applicant) (Responent) Revenue By : Shri Prasanjit Singh, Cit,Dr : Assessee By Kruti Kothari, C.A सुनवाई क" तार"ख/Date Of Hearing : 15/11/2018 घोषणा क" तार"ख /Date Of Pronouncement: 16/11/2018 आदेश/O R D E R Per Amarjit Singh:

For Respondent: Shri Prasanjit Singh, CIT,DR

Section 11Section 143(2)Section 143(3)Section 70

…rds, the set off of excess of expenditure incurred over the income of earlier years against the income of a later year will amount to ' application of income ' of such later year (CIT v/s Maharana of Mevar Charitable Foundation ( 1987) 60 CTR (Raj) 40: (1987) 164 ITR 439 ( Raj) RC 23 R 1198 followed in CIT v/s Shni Plot Setambr Murti Pujak Jain Mandal ( 1994) 119 CTR ( Guj) .In CIT v/s Institute of Banking Personnel Selection 264 ITR 110 ( Bom) , it was held that in case of charitable trust whose income is exempt u/s 11 excess of expenditure in the earlier years can be adjusted against income of subsequent years…