CIT v. Shri Plot Swetamber Murti Pujak Jain Mandal

211 ITR 293High Court1995#444 most cited

What is CIT v. Shri Plot Swetamber Murti Pujak Jain Mandal authority for?

A charitable trust can carry forward its excess expenditure from previous years and adjust it against the income of subsequent years, which qualifies as an application of income under Section 11. Additionally, voluntary contributions received for a specific purpose are treated as corpus funds and are not taxable.

204

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Shri Plot Swetamber Murti Pujak Jain Mandal · 211 ITR 293 · Section 11 Income Tax Act · Section 12A Income Tax Act · charitable trust carry forward losses · application of income · excess expenditure adjustment · voluntary contributions · specific purpose donations · corpus fund · capital receipt · Section 11(1)(a)

Sections most often in play

Section 11Section 12ASection 143(3)Section 11(1)(a)Section 11(1)(c)Section 11(2)Section 250Section 11 to 13 of the Income Tax Act

Issues it is cited on

carry forward of lossessection 11(1)(a)section 11(1)application of incomesection 28section 12asection 12section 11previous yearsection 13personsection 143(3)

Judgments citing CIT v. Shri Plot Swetamber Murti Pujak Jain Mandal

DDIT, Bangalore vs. Jyothy Charitable Trust, Bangalore

In the result, the appeal by the revenue is dismissed

ITA 522/BANG/2014[2010-11]Status: DisposedITAT Bangalore02 Jun 2015AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Abraham P. Georgeassessment Year : 2010-11

For Appellant: Dr. P.K. Srihari, Addl. CIT(DR)For Respondent: Shri S.K. Babu Prasad, Advocate
Section 11(1)Section 143(3)Section 32Section 35(2)(iv)

…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 Page 8 of 10 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 be application of income for subsequent years and that depreciation i…

DDIT, Bangalore vs. Baldwin Methodist Educational Society, Bangalore

ITA 523/BANG/2014[20090-10]Status: DisposedITAT Bangalore31 Mar 2015

Bench: Smt. P. Madhavi Devi & Shri Abraham P Georgedeputy Director Of Income-Tax (Exemptions) Circle 17(1), Bangalore. … Appellant Vs. Baldwin Methodist Educational Society, No.13, Convent Road, Museum Road Post, Bangalore-25. … Respondent Pan: Aaajb0668B

For Appellant: Smt.Chandana Ramachandran, CIT(DR)For Respondent: Shri V.Srinivasan, CA
Section 11(1)(a)Section 143(1)Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH : BANGALORE BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER and SHRI ABRAHAM P GEORGE, ACCOUNTANT MEMBER Deputy Director of Income-tax (Exemptions) Circle 17(1), Bangalore. … Appellant Vs. Baldwin Methodist Educational Society, No.13, Convent Road, Museum Road Post, Bangalore-25. … Respondent PAN: AAAJB0668B Appellant by: Smt.Chandana Ramachandran, CIT(DR). Respondent by: Shri V.Srinivasan, CA. Date of hearing : 10/03/2015. Date of pronouncement: 31/03/2015. O R D E R Per Smt. P.MADHAVI DEVI, JM: This is an appeal filed by the Revenue against the order of the orde…

ACIT, Mangalore vs. M/S City Hospital Charitable Trust, Mangalore

In the result, the appeal by the revenue is dismissed

ITA 676/BANG/2014[2011-12]Status: DisposedITAT Bangalore20 Mar 2015AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Abraham P. Georgeassessment Year : 2011-12

For Appellant: Dr. P.K. Srihari, Addl. CIT(DR)For Respondent: None
Section 11(1)Section 143(3)Section 32Section 35(2)(iv)

…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 Page 9 of 11 of expenditure in the earlier years can be adjusted against income of subsequent years and such adjustment would be application of income for subsequent years and th…

ITO, Mangalore vs. Academy of Liberal Education, Sullia

Accordingly, the same is dismissed

ITA 687/BANG/2014[2011-12]Status: DisposedITAT Bangalore20 Feb 2015AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Abraham P. Georgeassessment Year : 2011-12

For Appellant: Shri P. Dhivahar, Jt. CIT(DR)For Respondent: Smt. Sheetal Borkar, Advocate
Section 11(1)(a)Section 12A

…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 Page 5 of 6 subsequent years and such adjustment would be application of income for subsequent years and that…