Director, ITO v. Govinda

315 ITR 237High Court2009#3471 most cited

What is Director, ITO v. Govinda authority for?

The construction of a commercial complex by a charitable trust is eligible for tax benefits if the trust's objects are charitable and serve public utility.

34

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

Director ITO v Govinda · 315 ITR 237 · charitable trust · construction of commercial complex · section 2(15) · general public utility · tax exemption

Sections most often in play

Section 11Section 12Section 12ASection 143(3)Section 12AASection 143(1)Section 147Section 154

Issues it is cited on

application of incomesection 12aacapital expendituresection 12asection 11section 12nfacsection 14section 143(3)total incomedocumentinterest

Judgments citing Director, ITO v. Govinda

Astt. Commissioner of Income Tax (Exemption), Lucknow vs. M/S U.P Awas Evam Vikas Parishad, Lucknow

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

ITA 630/LKW/2016[2009-10]Status: DisposedITAT Lucknow08 Jun 2022AY 2009-10

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 12ASection 143(3)Section 15Section 2(15)

…merit as per the ratio laid down in the case Sarafa Association vs. CIT, [2007] 294 ITR 262 (MP), where it was observed that “the promotion of commercial trade is a charitable purpose under Section 2(15) of the Act”. In the case of Director, ITO vs. Govinda, 315 ITR 237 (Mad), it was observed that the construction of commercial complex by charitable trust is eligible. If the objects of the “Authority” is charitable as public utility then the benefit being a charitable trust is eligible as per the ratio laid down in the case of CIT vs. Gujarat Maritime Board, [2007] 295 ITR 561 (SC), where it was observed that:-…

Lucknow Development Authority, Lucknow vs. DCIT (E), Lucknow

In the result, all the appeals of the assessee are partly allowed

ITA 666/LKW/2019[2012-13]Status: DisposedITAT Lucknow05 Apr 2022AY 2012-13

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 12Section 13(1)(c)Section 13(3)Section 143(3)Section 147Section 154Section 2(15)Section 40

…merit as per the ratio laid down in the case Sarafa Association vs. CIT, [2007] 294 ITR 262 (MP), where it was observed that “the promotion of commercial trade is a charitable purpose under Section 2(15) of the Act”. In the case of Director, ITO vs. Govinda, 315 ITR 237 (Mad), it was observed that the construction of commercial complex by charitable trust is eligible. If the objects of the “Authority” is charitable as public utility then the benefit being a charitable trust is eligible as per the ratio laid down in the case of CIT vs. Gujarat Maritime Board, [2007] 295 ITR 561 (SC), where it was observed that:-…

Lucknow Development Authority, Lucknow vs. DCIT (E), Lucknow

In the result, all the appeals of the assessee are partly allowed

ITA 665/LKW/2019[2012-13]Status: DisposedITAT Lucknow05 Apr 2022AY 2012-13

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 12Section 13(1)(c)Section 13(3)Section 143(3)Section 147Section 154Section 2(15)Section 40

…merit as per the ratio laid down in the case Sarafa Association vs. CIT, [2007] 294 ITR 262 (MP), where it was observed that “the promotion of commercial trade is a charitable purpose under Section 2(15) of the Act”. In the case of Director, ITO vs. Govinda, 315 ITR 237 (Mad), it was observed that the construction of commercial complex by charitable trust is eligible. If the objects of the “Authority” is charitable as public utility then the benefit being a charitable trust is eligible as per the ratio laid down in the case of CIT vs. Gujarat Maritime Board, [2007] 295 ITR 561 (SC), where it was observed that:-…

Lucknow Development Authority, Lucknow vs. DCIT (E), Lucknow

In the result, all the appeals of the assessee are partly allowed

ITA 656/LKW/2019[2012-13]Status: DisposedITAT Lucknow05 Apr 2022AY 2012-13

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 12Section 13(1)(c)Section 13(3)Section 143(3)Section 147Section 154Section 2(15)Section 40

…merit as per the ratio laid down in the case Sarafa Association vs. CIT, [2007] 294 ITR 262 (MP), where it was observed that “the promotion of commercial trade is a charitable purpose under Section 2(15) of the Act”. In the case of Director, ITO vs. Govinda, 315 ITR 237 (Mad), it was observed that the construction of commercial complex by charitable trust is eligible. If the objects of the “Authority” is charitable as public utility then the benefit being a charitable trust is eligible as per the ratio laid down in the case of CIT vs. Gujarat Maritime Board, [2007] 295 ITR 561 (SC), where it was observed that:-…

Lucknow Development Authority, Lucknow vs. DCIT (E), Lucknow

In the result, all the appeals are partly allowed

ITA 439/LKW/2019[2016-17]Status: DisposedITAT Lucknow10 Mar 2022AY 2016-17

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 11rSection 12Section 12ASection 13(1)(c)Section 13(3)Section 143(3)Section 147Section 148Section 2(15)

…merit as per the ratio laid down in the case Sarafa Association vs. CIT, [2007] 294 ITR 262 (MP), where it was observed that “the promotion of commercial trade is a charitable purpose under Section 2(15) of the Act”. In the case of Director, ITO vs. Govinda, 315 ITR 237 (Mad), it was observed that the construction of commercial complex by charitable trust is eligible. If the objects of the “Authority” is charitable as public utility then the benefit being a charitable trust is eligible as per the ratio I.T.A. Nos.185,186,163,164,439/Lkw/2019 41 laid down in the case of CIT vs. Gujarat Maritime Board, [2007]…

Lucknow Development Authority, Lucknow vs. ACIT (E), Lucknow

In the result, all the appeals are partly allowed

ITA 186/LKW/2019[2013-14]Status: DisposedITAT Lucknow10 Mar 2022AY 2013-14

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 11rSection 12Section 12ASection 13(1)(c)Section 13(3)Section 143(3)Section 147Section 148Section 2(15)

…merit as per the ratio laid down in the case Sarafa Association vs. CIT, [2007] 294 ITR 262 (MP), where it was observed that “the promotion of commercial trade is a charitable purpose under Section 2(15) of the Act”. In the case of Director, ITO vs. Govinda, 315 ITR 237 (Mad), it was observed that the construction of commercial complex by charitable trust is eligible. If the objects of the “Authority” is charitable as public utility then the benefit being a charitable trust is eligible as per the ratio I.T.A. Nos.185,186,163,164,439/Lkw/2019 41 laid down in the case of CIT vs. Gujarat Maritime Board, [2007]…

Lucknow Development Authority, Lucknow vs. ACIT (E), Lucknow

In the result, all the appeals are partly allowed

ITA 185/LKW/2019[2013-14]Status: DisposedITAT Lucknow10 Mar 2022AY 2013-14

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 11rSection 12Section 12ASection 13(1)(c)Section 13(3)Section 143(3)Section 147Section 148Section 2(15)

…merit as per the ratio laid down in the case Sarafa Association vs. CIT, [2007] 294 ITR 262 (MP), where it was observed that “the promotion of commercial trade is a charitable purpose under Section 2(15) of the Act”. In the case of Director, ITO vs. Govinda, 315 ITR 237 (Mad), it was observed that the construction of commercial complex by charitable trust is eligible. If the objects of the “Authority” is charitable as public utility then the benefit being a charitable trust is eligible as per the ratio I.T.A. Nos.185,186,163,164,439/Lkw/2019 41 laid down in the case of CIT vs. Gujarat Maritime Board, [2007]…

Lucknow Evelopment Authority, Lucknow vs. I.T.O., Lucknow

In the result, all the appeals are partly allowed

ITA 164/LKW/2019[2015-16]Status: DisposedITAT Lucknow10 Mar 2022AY 2015-16

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 11rSection 12Section 12ASection 13(1)(c)Section 13(3)Section 143(3)Section 147Section 148Section 2(15)

…merit as per the ratio laid down in the case Sarafa Association vs. CIT, [2007] 294 ITR 262 (MP), where it was observed that “the promotion of commercial trade is a charitable purpose under Section 2(15) of the Act”. In the case of Director, ITO vs. Govinda, 315 ITR 237 (Mad), it was observed that the construction of commercial complex by charitable trust is eligible. If the objects of the “Authority” is charitable as public utility then the benefit being a charitable trust is eligible as per the ratio I.T.A. Nos.185,186,163,164,439/Lkw/2019 41 laid down in the case of CIT vs. Gujarat Maritime Board, [2007]…

Lucknow Development Authority, Lucknow vs. Assistant Commissioner of Income Tax (Exemption), Lucknow

In the result, all the appeals are partly allowed

ITA 163/LKW/2019[2014-15]Status: DisposedITAT Lucknow10 Mar 2022AY 2014-15

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 11rSection 12Section 12ASection 13(1)(c)Section 13(3)Section 143(3)Section 147Section 148Section 2(15)

…merit as per the ratio laid down in the case Sarafa Association vs. CIT, [2007] 294 ITR 262 (MP), where it was observed that “the promotion of commercial trade is a charitable purpose under Section 2(15) of the Act”. In the case of Director, ITO vs. Govinda, 315 ITR 237 (Mad), it was observed that the construction of commercial complex by charitable trust is eligible. If the objects of the “Authority” is charitable as public utility then the benefit being a charitable trust is eligible as per the ratio I.T.A. Nos.185,186,163,164,439/Lkw/2019 41 laid down in the case of CIT vs. Gujarat Maritime Board, [2007]…

ITO, Bangalore vs. Stracey Memorial Educational Society, Bangalore

In the result, the appeal filed by the revenue for the assessment year 2011-12 is treated as partly allowed for statistical purposes

ITA 854/BANG/2016[2011-12]Status: DisposedITAT Bangalore07 Apr 2017AY 2011-12

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri G.Kamaladhar, Standing Counsel for DepartmentFor Respondent: Shri C.R.Nulvi, CA
Section 11(6)Section 143(1)Section 143(3)Section 28

…of Rs.9,07,657/- was allowed as application of income following the law laid down by the Hon’ble Karnataka High Court in the case of CIT vs. Janmabhoomi Press Trust (242 ITR 703) and Hon’ble Madras High Court in the case of DIT(E) vs. Govindu Naicker Estate (315 ITR 237). 5. Being aggrieved by this order, the revenue is in appeal before us in the present appeals. 6. Ground Nos.1 to 4 challenge the direction of the CIT(A) allowing depreciation as part of application of income of the trust. This issue is no more res integra as the Hon’ble jurisdictional High Court, in the case of CIT vs. Karnataka Reddy Janasang…

M/S. Manjeet Kaur Memorial Premier Institute of Education, Gurgaon vs. ITO, Gurgaon

In the result, the Appeal filed by the Assessee stands allowed

ITA 1824/DEL/2016[2011-12]Status: DisposedITAT Delhi09 Jan 2017AY 2011-12

Bench: Shri H.S. Sidhu

For Appellant: Sh. Ved Jain, Adv., Sh. AshishFor Respondent: Sh. Anil Kumar Sharma, Sr. DR
Section 11Section 12ASection 143(2)Section 2(15)Section 234ASection 24

…the repayment of loan to the tune of Rs. 29,51,584/- and depreciation of Rs. 32,31,728/- are the application of income for charitable purposes. He relied upon the order of the Hon’ble Madras High Court in the case of DIT(E) vs. GovinduNaicker Estate (2009) 315 ITR 237 (Madras). It was the further contention that expenditure 6 incurred on blood donation camps, free books distribution are purely charitable in nature and therefore, to be considered of application of income. Administrative expenses are basically includes printing and stationery, conveyance expenses, office maintenance expenses which are necess…

M/S. Manjit Kaur Memorial Premier Institute of Education, Gurgaon vs. DCIT, Gurgaon

In the result, the Appeal filed by the Assessee stands allowed

ITA 2025/DEL/2015[2010-11]Status: DisposedITAT Delhi09 Jan 2017AY 2010-11

Bench: Shri H.S. Sidhu

For Appellant: Sh. Ved Jain, Adv., Sh. AshishFor Respondent: Sh. Anil Kumar Sharma, Sr. DR
Section 11Section 12ASection 143(2)Section 2(15)Section 234ASection 24

…the repayment of loan to the tune of Rs. 29,51,584/- and depreciation of Rs. 32,31,728/- are the application of income for charitable purposes. He relied upon the order of the Hon’ble Madras High Court in the case of DIT(E) vs. GovinduNaicker Estate (2009) 315 ITR 237 (Madras). It was the further contention that expenditure 6 incurred on blood donation camps, free books distribution are purely charitable in nature and therefore, to be considered of application of income. Administrative expenses are basically includes printing and stationery, conveyance expenses, office maintenance expenses which are necess…

M/S. Greater Noida Industrial Development Authority, Uttar Pradesh vs. CIT (E), Lucknow

The appeal is allowed

ITA 113/DEL/2016[]Status: DisposedITAT Delhi19 May 2016

Bench: Shri I.C. Sudhir & Shri L.P. Sahu Assessment Year: -- Greater Noida Industrial Development Vs. Cit(E), Authority, H-169, Chitvan Estate, Lucknow. Sector-Gamma, Gr. Noida City, District – Gautam Budh Nagar. Uttar Pradesh. (Pan: Aaalg0129L) (Appellant) (Respondent) Assessment Year: - - Yamuna Expressway Industrial Development Vs. Cit(E), Authority, First Floor, Commercial Complex, Lucknow. P-2, Sector-Omega 1, Greater Noida Gautam Budh Nagar, Uttar Pradesh. (Pan: Aaalt0341D) Assessee By: S/Shri Balbir Singh & Abhinav Mehrotra, Adv., Sk Gupta & Ms. Raj Rani, Cas. Department By: Shri Sandeep Kumar, Cit( Dr) Date Of Hearing : 02 .03.2016 Date Of Pronouncement: 18 :05.2016 Order Per I.C. Sudhir:

For Appellant: S/Shri Balbir Singh & AbhinavFor Respondent: Shri Sandeep Kumar, CIT( DR)
Section 12ASection 2(15)Section 3Section 6

…it as per the ratio laid down in the case Sarafa Association vs. CIT, [2007] 294 ITR 19 262 (MP), where it was observed that "the promotion of commercial trade is a charitable purpose under Section 2(15) of the Act". In the case of Director, ITO vs. Govinda, 315 ITR 237 (Mad), it was observed that the construction of commercial complex by charitable trust is eligible. If the objects of the "Authority" is charitable as public utility then the benefit being a charitable trust is eligible as per the ratio laid down in the case of CIT vs. Gujarat Maritime Board, [2007] 295 ITR 561 (SC), where it was observed that:…

Kolkata Port Trust, Kolkata vs. A.D.I.T ( Exemption) -II, Kolkata

In the result, the appeal of the assessee is allowed

ITA 199/KOL/2013[2007-08]Status: DisposedITAT Kolkata05 Nov 2015AY 2007-08

Bench: Shri Mahavir Singh, Jm & Shri Waseem Ahmed, Am]

For Appellant: Shri N. K. Agarwal, Sr. Advocate &For Respondent: Shri S. S. Alam, JCIT, Sr. DR
Section 11Section 143(3)

…cr. was allowed to have been made as an application of income and in earlier year also the same was allowed as deduction. Ld. Counsel for the assessee relied on the decision of Hon’ble Madras High court in the case of DIT(E) Vs. Govindu Naicker Estate (2009) 315 ITR 237 (Mad) wherein it has held that repayment of loan taken by the charitable institution for construction of commercial complex so as to augment the resources of the trust would amount to application of income. Ld. Counsel for the assessee also drew our attention to Board Circular No. 100 dated 24.01.1973 which is enclosed in assessee’s paper book Vo…