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 366,339 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

DCIT, Chandigarh vs. M/S the Tribune Trust, Chandigarh

In the result, the appeal of the Revenue is allowed

ITA 440/CHANDI/2014[2008-09]Status: DisposedITAT Chandigarh23 Mar 2018AY 2008-09

Bench: Shri Sanjay Garg & Ms.Annapurna Guptathe D.C.I.T., Vs. M/S The Tribune Trust, Circle 4(1), Sector 29-C, Chandigarh. Chandigarh. Pan: Aaatt2141D (Appellant) (Respondent)

For Appellant: Shri Manu Malik, CIT DRFor Respondent: Shri Tej Mohan Singh, Adv

Section 10

…matter in appeal before the Ld.CIT(Appeals), who allowed assessee’s appeal holding that the assessee is eligible for carry forward of losses in view of the judgment of the Hon'ble Rajasthan High Court in the case of Maharana of Mewar Charitable Foundation, 164 ITR 439 and Hon'ble Gujarat High Court in the case of Shri Plot Swetamber Murti Pujak Jain Manal, 211 ITR 293. 5. Aggrieved by the same, the Revenue has come up in appeal before us, raising following effective grounds: 1. On the facts and in the circumstances of the case and in law, the CIT(A) has erred in accepting the claim of exemption at Rs.158,85…

ITO, WD-1(3), Kolkata vs. The Young Mens Chritian Assoication of Calcutta, Kolkata

In the result, Revenue’s appeal stands dismissed

ITA 1244/KOL/2016[2010-2011]Status: DisposedITAT Kolkata28 Feb 2018AY 2010-2011

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2010-11 Income Tax Officer (E) V/S. The Young Mens Ward-1(3), 6Th Floor, Chritian Association Of 10B, Middleton Row, Calcutta, 25, Jawarharlal Kolkata-71 Nehru Road, Kolkata-67 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S. Dasgupta, Addl. Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri A.K. Tibrewal, Fca ""यथ" क" ओर से/By Respondent 24-01-2018 सुनवाई क" तार"ख/Date Of Hearing 28-02-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-25, Kolkata Dated 21.03.2016. Assessment Was Framed By Dcit(Ex)-I,, Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 25.03.2013 For Assessment Year 2010-11. The Revenue Has Raised Following Grounds:- “1. That On The Facts & Circumstances Of The Case The Ld. Cit(A) Has Erred In Allowing Set Off Of Brought Forward Deficits Of Income & Expenditure Accounts Of Earlier Years With The Surplus Of The Current Year Beyond The Scope & Ambit Of Section 11 Of The Income Tax Act, 1961. 2. That On The Facts & Circumstances Of The Case The Ld. Cit(A) Has Erred In Appreciating The Essence Of Section 11(2) Of The Income Tax Act, 1961 By Virtue Of Which Fifteen Per Cent Of The Surplus Can Be Set Apart Or Invested As Per Provisions Of Section 11(5), But No Set-Off Of Earlier Deficit Is Allowed To Be Set-Off From Future Surplus & The

Section 11Section 11(1)(a)Section 11(2)Section 11(5)Section 12ASection 143(3)

…pertaining to the earlier year was very much eligible for set off against the income of current year. In holding so the ld. CIT-A relied on the judgment of Hon'ble Rajasthan High Court in the case of CIT vs. Maharana of Mewar Charitable Foundation reported in 164 ITR 439 (Raj). The Revenue, being aggrieved by this order of Ld. CIT(A) filed an appeal before us. 5. Before us Ld. DR vehemently relied on the order of AO and requested the Bench to confirm the same whereas Ld. AR for the assessee filed paper book which is running pages from 1 to 111 and relied on the order of Ld. CIT(A). ITA No.1244/Kol/2016 A.Y. 2010…

ITO (E), New Delhi vs. M/S. Institute of Peace and Conflict Studies, New Delhi

In the result, the appeal of the department is dismissed

ITA 4306/DEL/2016[2010-11]Status: DisposedITAT Delhi26 Feb 2018AY 2010-11

Bench: Sh. N. K. Saini, Am & Sh. K. N. Chary, Jm

For Appellant: NoneFor Respondent: Sh. Arun Kumar Yadav, Sr. DR

Section 11Section 11(1)(a)Section 12ASection 143(1)Section 143(3)Section 154Section 2(15)

…(Guj.) " CIT Vs Institute of banking Personnel Selection (IBPS) (2003) 264 ITR 1102 (Bom.) " Siddaramanna Charities Trust Vs CIT (1974) 96 ITR 275 (Mys) " CIT Vs Matriseva Trust (2000) 242 ITR 203 (Mad.) " CIT Vs Maharana of Mewar Charitable Foundation (1987) 164 ITR 439 5. The ld. CIT(A) after considering the submissions of the assessee directed the AO to consider brought forward deficit of earlier years amounting to Rs.35,47,088/- as utilization for the year under consideration by observing in para 5 of the impugned order as under: “5. I have considered the facts, the order of the Assessing Officer and the subm…

Services Association of Seventh Day Adventists P Ltd., Chennai vs. ADIT, Chennai

In the result, the appeal filed by the assessee is allowed

ITA 1710/CHNY/2015[2009-10]Status: DisposedITAT Chennai15 Feb 2018AY 2009-10

Bench: Shri George Mathan & Shri S. Jayaramanआयकर अपील सं./Ita No.1710/Chny/2015 "नधा"रण वष" /Assessment Year: 2009-10

For Appellant: Mr.S.Nataraja, JCIT

Section 11(1)(a)Section 32

…application of the last year against the deficiency of Rs. 82,516 of the present assessment year. 6. When similar questions came up before the Rajasthan High Court and the Gujarat High Court in the case of CIT v. Maharana of Mewar Charitable Foundation [1987] 164 ITR 439 and CIT v. Shri Plot Swetamber Murti Pujak Jain Mandal [19951 211 ITR 293, respectively, both the Rajasthan High Court and the Gujarat High Court have answered the questions in favour of the assessee and against the Revenue. 7. Following the aforesaid decisions of the Rajasthan and Gujarat High Courts, we answer the second question referred to us…

Deputy Commissioner of Income Tax (Exemption) Circle-1, Bangalore vs. M/S Swami Vivekananda Youth Movement, Mysuru

In the result, Revenue’s appeal for asst

ITA 1550/BANG/2017[2013-14]Status: DisposedITAT Bangalore09 Feb 2018AY 2013-14

Bench: Shri Jason P Boaz & Shri Laliet Kumarthe Dy. Commissioner Of Income-Tax (Exemption), Circle-1, Bengaluru. . Appellant Vs. M/S Swami Vivekananda Youth Movement, No.Ca-2, Kiadb Housing Area, Ring Road, Hebbal, Mysuru. . Respondent Appellant By : Shri Ramesh Kumar, Addl. Cit Respondent By : None Date Of Hearing : 7-2-2018 Date Of Pronouncement : 9-2-2018 O R D E R

For Appellant: Shri Ramesh Kumar, Addl. CITFor Respondent: None

Section 11Section 11(1)(a)Section 12ASection 143(1)Section 143(3)Section 15Section 70

…IN THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE BENCH ‘A’ BEFORE SHRI JASON P BOAZ, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER The Dy. Commissioner of Income-tax (Exemption), Circle-1, Bengaluru. . Appellant Vs. M/s Swami Vivekananda Youth Movement, No.CA-2, KIADB Housing Area, Ring Road, Hebbal, Mysuru. . Respondent Appellant by : Shri Ramesh Kumar, Addl. CIT Respondent by : None Date of Hearing : 7-2-2018 Date of Pronouncement : 9-2-2018 O R D E R PER SHRI JASON P BOAZ, ACCOUNTANT MEMBER : This appeal by the Revenue is directed against the order of the CIT(A) - 14, LTU, Bangalore dated 28/4/2…

The Assistant Commissioner of Income Tax (Exemption0 Circle- 1, Mangalore vs. M/S Anjuman E Islams, Hubli

In the result, appeals of the Revenue are dismissed

ITA 1702/BANG/2017[2011-12]Status: DisposedITAT Bangalore22 Dec 2017AY 2011-12

Bench: Shri Sunil Kumar Yadav

For Appellant: Shri. Narendra Sharma, AdvocateFor Respondent: Shri. Kumar Ajith, Additional CIT

Section 10(2)Section 11Section 15Section 35Section 35(1)(iv)Section 70

…xcess of expenditure incurred over the income of earlier years against the income of a later year will amount to applicatiorl 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 (Born) 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…

The Dy. Director of Income Tax (Exemption), Ahmedabad vs. Ramanbhai Foundation, Ahmedabad

ITA 3035/AHD/2015[2011-12]Status: DisposedITAT Ahmedabad18 Dec 2017AY 2011-12

Bench: Shri Rajpal Yadav & Shri N.K. Billaiya)

For Appellant: Shri Mudit Nagpal, Sr. D.RFor Respondent: Shri Jigar Patel, A.R

…this issue in greater detail and relying upon the Circular No. 100 dated 24.01.1973 issued by the Central Board of Direct Taxes and the judgment of the Rajasthan High Court in the case of Commissioner of Income Tax vs. Maharana of Mewar Charitable Foundation [164 ITR 439 (Raj.)]. We may also point out at this state that the aforesaid view of Rajasthan High Court and Gujarat High Court has been consistently followed by other High Courts in the following judgments: (i) Commissioner of Income Tax vs. Institute of Banking [264 ITR 110 (Bom.)]; (ii) Commissioner of Income Tax vs. Siddaramanna Charities Trust [96 ITR…

Deputy Commissioner of Income-Tax, Bangalore vs. M/S.Panchajanya Vidya Peeta Welfare Trust, Bangalore

In the result, all the appeals of the revenue are dismissed

ITA 1790/BANG/2016[2013-14]Status: DisposedITAT Bangalore29 Nov 2017AY 2013-14

Bench: Shri Arun Kumar Garodiaand Shri Laliet Kumar

For Appellant: Shri A. Shankar, AdvocateFor Respondent: Smt. Susan D. George, CIT (DR)

Section 11Section 11(1)(a)Section 70

…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 SwetamberMurtiPujak 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…

Deputy Commissioner of Income-Tax, Bangalore vs. M/S.Panchajanya Vidya Peeta Welfare Trust, Bangalore

In the result, all the appeals of the revenue are dismissed

ITA 1789/BANG/2016[2012-13]Status: DisposedITAT Bangalore29 Nov 2017AY 2012-13

Bench: Shri Arun Kumar Garodiaand Shri Laliet Kumar

For Appellant: Shri A. Shankar, AdvocateFor Respondent: Smt. Susan D. George, CIT (DR)

Section 11Section 11(1)(a)Section 70

Deputy Commissioner of Income-Tax, Bangalore vs. M/S.Panchajanya Vidya Peeta Welfare Trust, Bangalore

In the result, all the appeals of the revenue are dismissed

ITA 1788/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Nov 2017AY 2011-12

Bench: Shri Arun Kumar Garodiaand Shri Laliet Kumar

For Appellant: Shri A. Shankar, AdvocateFor Respondent: Smt. Susan D. George, CIT (DR)

Section 11Section 11(1)(a)Section 70

Deputy Commissioner of Income-Tax, Bangalore vs. M/S.Panchajanya Vidya Peeta Welfare Trust, Bangalore

In the result, all the appeals of the revenue are dismissed

ITA 1787/BANG/2016[2010-11]Status: DisposedITAT Bangalore29 Nov 2017AY 2010-11

Bench: Shri Arun Kumar Garodiaand Shri Laliet Kumar

For Appellant: Shri A. Shankar, AdvocateFor Respondent: Smt. Susan D. George, CIT (DR)

Section 11Section 11(1)(a)Section 70

Deputy Commissioner of Income-Tax, Bangalore vs. M/S.Panchajanya Vidya Peeta Welfare Trust, Bangalore

In the result, all the appeals of the revenue are dismissed

ITA 1786/BANG/2016[2009-10]Status: DisposedITAT Bangalore29 Nov 2017AY 2009-10

Bench: Shri Arun Kumar Garodiaand Shri Laliet Kumar

For Appellant: Shri A. Shankar, AdvocateFor Respondent: Smt. Susan D. George, CIT (DR)

Section 11Section 11(1)(a)Section 70

Deputy Commissioner of Income-Tax, Bangalore vs. M/S.Panchajanya Vidya Peeta Welfare Trust, Bangalore

In the result, all the appeals of the revenue are dismissed

ITA 1785/BANG/2016[2008-09]Status: DisposedITAT Bangalore29 Nov 2017AY 2008-09

Bench: Shri Arun Kumar Garodiaand Shri Laliet Kumar

For Appellant: Shri A. Shankar, AdvocateFor Respondent: Smt. Susan D. George, CIT (DR)

Section 11Section 11(1)(a)Section 70

DCIT (Exemption), New Delhi vs. Subros Educational Society, New Delhi

In the result, the appeal of the department is dismissed

ITA 6240/DEL/2016[2012-13]Status: DisposedITAT Delhi09 Nov 2017AY 2012-13

Bench: Sh. N. K. Saini, Am & Sh. Joginder Singh, Jm Ita No. 6240/Del/2016 : Asstt. Year : 2012-13 Dy. Commissioner Of Income Vs Subros Educational Society, Tax(E), Circle-2(1), G-71, World Trade Centre, New Delhi Barakhamba Lane, New Delhi-110001 (Appellant) (Respondent) Pan No. Aadts2161F Assessee By : Sh. Salil Agarwal, Adv. & Sh. Shailesh Gupta, Adv. Revenue By : Sh. S. S. Rana, Cit Dr Date Of Hearing : 09.11.2017 Date Of Pronouncement : 09.11.2017 Order Per N. K. Saini, Am: This Is An Appeal By The Department Against The Order Dated 21.09.2016 By Ld. Cit(A)-40, Delhi.

For Appellant: Sh. Salil Agarwal, Adv. &For Respondent: Sh. S. S. Rana, CIT DR

Section 11Section 143(1)Section 70

…9 in the appellant's own case has held as under: "Ground No. 2: On the issue raised in this ground, the Learned CIT(Appeals) has followed the ratios laid down by the Hon'ble Rajasthan High Court in the case of CIT vs. Maharana of Mewar Charitable Foundation - 164 ITR 439 (Raj.). In that case, it was held by the Hon'ble Rajasthan High Court that excess of expenditure in earlier years should be treated as application for charitable purpose against income of subsequent year so, the net deficit of the year under consideration should be allowed to be carried forward for adjustment in subsequent year as claimed by the…

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

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

ITA 1516/BANG/2016[2011-12]Status: DisposedITAT Bangalore25 Oct 2017AY 2011-12

Bench: Shri Inturi Rama Rao & Shri Laliet Kumarasst. Commissioner Of Income-Tax (E), Circle-1, Bengaluru. … Appellant Vs. Bhagwan Mahaveer Memorial Jain Trust, No.17, Millers Road, Vasanth Nagar, Bengaluru-560 052. … Respondent Pan:Aaatb 0895 L

For Appellant: Shri G.R.Reddy, CIT(DR)For Respondent: Shri Muralidhar, H, Advocate

Section 11(1)(a)Section 11(6)Section 12ASection 143(1)Section 143(3)Section 28Section 35(1)(iv)

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, BENGALURU BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER and SHRI LALIET KUMAR, JUDICIAL MEMBER Asst. Commissioner of Income-tax (E), Circle-1, Bengaluru. … Appellant Vs. Bhagwan Mahaveer Memorial Jain Trust, No.17, Millers Road, Vasanth Nagar, Bengaluru-560 052. … Respondent PAN:AAATB 0895 L Appellant by : Shri G.R.Reddy, CIT(DR) Respondent by : Shri Muralidhar, H, Advocate. Date of hearing : 09/10/2017 Date of pronouncement : 25/10/2017 O R D E R Per INTURI RAMA RAO, AM : This is an appeal filed by the revenue directed against the order of the Commissioner of…

DCIT, Bangalore vs. M/S B S & G Foundation, Bangalore

In the result, Revenue’s appeal for asst

ITA 884/BANG/2016[2011-12]Status: DisposedITAT Bangalore04 Oct 2017AY 2011-12

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boazthe Dy. Commissioner Of Income-Tax (Exemptions), Bengaluru. . Appellant Vs. M/S B S & G Foundation, 502, 2Nd Floor, 5Th ‘C’ Main, 5Th Cross, 2Nd Block, Hrbr Layout, Kalyannagar, Bangalore. . Respondent Pan – Aaatb6131D. Appellant By : Smt. Padmameenakshhi, Jcit Respondent By : Shri R.T Balasubramanyam, C.A Date Of Hearing : 28-9-2017 Date Of Pronouncement : 4-10-2017 O R D E R

For Appellant: Smt. Padmameenakshhi, JCITFor Respondent: Shri R.T Balasubramanyam, C.A

Section 11Section 11(1)(a)Section 11(2)Section 11(3)Section 11(5)Section 12ASection 13Section 143(3)

…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 sear. The above is the position of law as held in the case of CIT v. Maharana of Mewar Charitable Foundation [1987] 164 ITR 439/[1986] 29 Taxman 476 (Raj) and CIT Vs. Plot Sweatamber Murli Pujak Jain Mandal [1995[ 211 ITR 293 (Guj.). In CIT v, Institute ITA No.884/B/16 25 of Banking Personnel Selection [2003] 264 ITR 110/131 Taxman 386 (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…

Deputy Director of Income-Tax, Bangalore vs. M/S.Franciscan Service Society, Bangalore

In the result, the appeal of the revenue is dismissed

ITA 2201/BANG/2016[2012-13]Status: DisposedITAT Bangalore27 Sept 2017AY 2012-13

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Raoincome-Tax Officer (Exemption), Ward-1, Bengaluru. … Appellant Vs.

For Appellant: Shri S.Nambirajan, Addl.CIT(DR)For Respondent: Shri Narendra Sharma, Advocate

Section 11(1)(a)Section 12A

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, BENGALURU BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER and SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER Income-tax Officer (Exemption), Ward-1, Bengaluru. … Appellant Vs. Franciscan Service Society, Sarjapur Road, Koramangala, PO Box No.3417, Bengaluru-560034. PAN: AAATF0201A … Respondent Appellant by : Shri S.Nambirajan, Addl.CIT(DR) Respondent by : Shri Narendra Sharma, Advocate Date of hearing : 26/09/2017 Date of pronouncement : 27/09/2017 O R D E R Per INTURI RAMA RAO, AM: This is an appeal filed by the revenue directed against the order of the CIT(A)(LTU), Benga…

Asst. Commissioner of Income-Tax, Bangalore vs. M/S. the New Cambridge Educational Trust, Bangalore

In the result, both the appeals of revenue are dismissed

ITA 1388/BANG/2016[2009-10]Status: DisposedITAT Bangalore20 Sept 2017AY 2009-10

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri Pramod Singh, CIT (D.R)For Respondent: Shri P.R. Suresh, CA

Section 28

…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 woul…

DCIT, Bangalore vs. Sri. Taralabalu Bruhanmatt, Chitradurga

In the result, the appeal of revenue is dismissed

ITA 893/BANG/2016[2012-13]Status: DisposedITAT Bangalore07 Jul 2017AY 2012-13

Bench: Shri Sunil Kumar Yadav & Shri Inturi Rama Raoassessment Year : 2012-13

For Appellant: Shri G. Kamalakar, Standing CounselFor Respondent: Shri S. Ramasubramanian, CA

Section 11(6)Section 12ASection 143(1)Section 143(3)

…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 v. Maharana of Mewar Charitable Foundation [1987] 164 ITR 439/[1986] 29 Taxman 476 (Raj) and CIT v. Plot Swetamber Murti Pujak Jain Mandal [1995] 211 ITR 293 (Guj.). In CIT v. Institute of Banking Personnel Selection [2003] 264 ITR 110/131 Taxman 386 (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 inco…

ITO, Bangalore vs. St. Patrick'S Church, Bangalore

In the result the appeal of the revenue is dismissed

ITA 897/BANG/2016[2010-11]Status: DisposedITAT Bangalore31 May 2017AY 2010-11

Bench: Shri Vijay Pal Raoassessment Year : 2010-11

For Appellant: Shri M.K. Biju, JCITFor Respondent: Shri Sudheendra B.R., CA

Section 11(1)(a)

…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 woul…