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 367,154 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)

Issues it is cited on

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

The Dy. Commissioner of Income Tax (Exemptions), Circle-1, Ahmedabad vs. The Kantilal Jaikishandas Choksi Charitable Trust, Ahmedabad

In the result, appeal of the revenue is dismissed

ITA 1909/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad16 May 2018AY 2012-13

Bench: Shri Pramod Kumar & Shri Rajpal Yadavसव"ी Izeksn Dqekj Izeksn Dqekj Izeksn Dqekj लेखा सद"य, एवं राजपाल यादव "या"यक सद"य के सम"। Izeksn Dqekj आयकर अपील सं./ Ita No. 1909/Ahd/2016 "नधा"रण वष"/Assessment Year: 2012-13 Dcit(Exemptions), Kantilal Jaikishandas Choksi Circle-1, Vs Charitable Trust, Ahmedbad. Madhuban, Opp. Gujarat College, Madalpur, Ellisbridge, Ahmedabad. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatk 1759 N अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Revenue By : Shri Saurabh Singh, Sr.D.R. Assessee By : Shri P. M. Mehta, A.R.

For Appellant: Shri P. M. Mehta, A.RFor Respondent: Shri Saurabh Singh, Sr.D.R
Section 11Section 11(2)Section 12ASection 143(2)Section 80G

…ly vide letter dt. 25.02.2015, which has been reproduced by the Assessing Officer on Page Nos. 2 to 5. The assessee has contended that as per judgment of Hon’ble Gujarat High Court in the case of CIT vs. Shri Plot Swetamber Murti Pujak Jain Mandal reported in 211 ITR 293, it is entitled for carry forward of deficit to the subsequent years. Ld. Assessing Officer did not accept this contention of the assessee and he disallowed the claim and determined the taxable income at nil. 4. Dissatisfaction with the action of the Assessing Officer, assessee carried the matter before the Ld. CIT(A). Ld. CIT(A) gone through th…