IT v. Andhra Pradesh Road Transport Corporation (1986) 159 ITR 1 (SC), Thiagrajan Charities v. Addl. CIT

225 ITR 1010Supreme Court of India1997#3003 most cited

What is IT v. Andhra Pradesh Road Transport Corporation (1986) 159 ITR 1 (SC), Thiagrajan Charities v. Addl. CIT authority for?

For funds to be considered part of a charitable activity, the predominant object of the institution must be charitable, not profit-making. Any surplus generated must be redeployed in charitable activities.

39

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2026.

Also referred to as

Thiagarajar Charities v. Addl. CIT · 225 ITR 1010 · charitable purpose · predominant object · surplus funds · charitable activities · section 2(15) · profit-making · exemption

Sections most often in play

Section 11Section 12Section 143(3)Section 2(15)Section 10(23C)Section 11(5)Section 115BBCSection 12A(1)(ac)(iii)

Issues it is cited on

section 2(15)section 12aasection 11

Judgments citing IT v. Andhra Pradesh Road Transport Corporation (1986) 159 ITR 1 (SC), Thiagrajan Charities v. Addl. CIT

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

…I.T.A. Nos.656, 665 & 666/Lkw/2019 23 Assessment year:2012-13 lose its charitable character merely because some profit arises from the activity [CIT v. Andhra Pradesh Road Transport Corporation (1986) 159 ITR 1 (SC), Thiagrajan Charities v. Addl. CIT (1997) 225 ITR 1010 (SC), Girijan Co-operative Corporation Ltd v. CIT (1989) 178 ITR 359 (AP)]. In view of above, it is held that the receipt of money by way of sale consideration, sundry receipts, interest, rent etc. is arising out of sole purpose of growth and development of the areas and not to earn profit. 11. We further find that in the case of assessee itse…

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)

…haritable purpose and not to earn profit, the purpose would not lose its charitable character merely because some profit arises from the activity [CIT v. Andhra Pradesh Road Transport Corporation (1986) 159 ITR 1 (SC), Thiagrajan Charities v. Addl. CIT (1997) 225 ITR 1010 (SC), Girijan Co-operative Corporation Ltd v. CIT (1989) 178 ITR 359 (AP)]. In view of above, it is held that the receipt of money by way of sale consideration, sundry receipts, interest, rent etc. is arising out of sole purpose of growth and development of the areas and not to earn profit. 11. We further find that in the case of assessee itse…

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)

…haritable purpose and not to earn profit, the purpose would not lose its charitable character merely because some profit arises from the activity [CIT v. Andhra Pradesh Road Transport Corporation (1986) 159 ITR 1 (SC), Thiagrajan Charities v. Addl. CIT (1997) 225 ITR 1010 (SC), Girijan Co-operative Corporation Ltd v. CIT (1989) 178 ITR 359 (AP)]. In view of above, it is held that the receipt of money by way of sale consideration, sundry receipts, interest, rent etc. is arising out of sole purpose of growth and development of the areas and not to earn profit. 11. We further find that in the case of assessee itse…

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)

…haritable purpose and not to earn profit, the purpose would not lose its charitable character merely because some profit arises from the activity [CIT v. Andhra Pradesh Road Transport Corporation (1986) 159 ITR 1 (SC), Thiagrajan Charities v. Addl. CIT (1997) 225 ITR 1010 (SC), Girijan Co-operative Corporation Ltd v. CIT (1989) 178 ITR 359 (AP)]. In view of above, it is held that the receipt of money by way of sale consideration, sundry receipts, interest, rent etc. is arising out of sole purpose of growth and development of the areas and not to earn profit. 11. We further find that in the case of assessee itse…

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)

…haritable purpose and not to earn profit, the purpose would not lose its charitable character merely because some profit arises from the activity [CIT v. Andhra Pradesh Road Transport Corporation (1986) 159 ITR 1 (SC), Thiagrajan Charities v. Addl. CIT (1997) 225 ITR 1010 (SC), Girijan Co-operative Corporation Ltd v. CIT (1989) 178 ITR 359 (AP)]. In view of above, it is held that the receipt of money by way of sale consideration, sundry receipts, interest, rent etc. is arising out of sole purpose of growth and development of the areas and not to earn profit. 11. We further find that in the case of assessee itse…

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)

…haritable purpose and not to earn profit, the purpose would not lose its charitable character merely because some profit arises from the activity [CIT v. Andhra Pradesh Road Transport Corporation (1986) 159 ITR 1 (SC), Thiagrajan Charities v. Addl. CIT (1997) 225 ITR 1010 (SC), Girijan Co-operative Corporation Ltd v. CIT (1989) 178 ITR 359 (AP)]. In view of above, it is held that the receipt of money by way of sale consideration, sundry receipts, interest, rent etc. is arising out of sole purpose of growth and development of the areas and not to earn profit. 11. We further find that in the case of assessee itse…

Agra Development Authority, Agra vs. DCIT., Circle-1, Agra

The appeals of the assessee are allowed and the appeal of the revenue is dismissed

ITA 216/AGR/2016[2011-12]Status: DisposedITAT Agra17 May 2021AY 2011-12
Section 124Section 142Section 153

…purpose would not lose its charitable character merely because some profit arises from the activity."The ratio in the above case was again followed by the Hon'ble Supreme Court in the case of Thiagarajar Charities v. Addl. Commissiner of Income-tax & another 225 ITR 1010 and A.P. High Court in the case of Girijan Co-operative Corporation Ltd. v. Commissioner of Income-tax 178 ITR 359. (3.10) Recently, the Hon'ble Supreme Court in the case of Queen's Educational Society v. CIT [2015] 372 ITR 699 had reversed the decision of the UttarkhandHigh Court, which held that when there is heavy profit the educational insti…

ACIT, (E), Circle- 2(1), New Delhi vs. New Delhi Young Mens'S Christian Association, New Delhi

In the result, appeal of the Revenue is dismissed

ITA 1671/DEL/2018[2013-14]Status: DisposedITAT Delhi13 Jul 2020AY 2013-14
For Appellant: Shri S. Krishnan, AdvFor Respondent: Ms. Rakhi Vimal, Sr. D.R
Section 11Section 12ASection 13(1)Section 143(3)Section 2(15)

…ctivities, the principle that so long as the surplus funds are redeployed in charitable activities no objection can be taken as to the charitable pursuits is inexceptionable. This has been so held by the apex court in Thiagarajar Charities vs. Addl CIT (1997) 225 ITR 1010 (SC). 27. Further the Hon'ble Delhi High Court has ruled that the expression charitable purpose as defined in Section 2(15) of the Act could not be construed literally and in absolute terms. The expression would take its colour and had to be considered in the context of Section 10(23C)(iv) of the Act. The court held that if in terms of the domi…

Shalom Charitable Ministries of India, Palakkad vs. The ACIT, Palakkad

In the result, the appeals as well as stay applications filed by the assessee are dismissed

ITA 645/COCH/2019[2011-12]Status: DisposedITAT Cochin05 Mar 2020AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Shivadas Chettoor, FCAFor Respondent: Sri.Sudhanshu Shekhar Jha, CIT-DR
Section 11Section 2(15)

…AR also relied on the decision of the ITAT, Bangalore Bench in the case of Janalakshmi Social Services vs. DIT(Exemptions), 33 SOT 197 which is decided against the assessee. In the judgments of the Supreme court in the cases of Thiagarajar Charities vs. ACIT (225 ITR 1010) and ACIT vs. Thanthi Trust (239 ITR 502), the cases are not relating to micro finance activities. Similar is the position with the decision of the ITAT, Chennai Bench in the case of ACIT vs. Jeppiar Educational Trust in ITA Nos. 1333, 1334, 1591 to 1595/Mds/2010 dated 15/06/2011 and decision of the ITAT, Kolkata Bench in the case of Sreema Mahi…

Shalom Charitable Ministries of India, Palakkad vs. The ACIT, Palakkad

In the result, the appeals as well as stay applications filed by the assessee are dismissed

ITA 644/COCH/2019[2010-11]Status: DisposedITAT Cochin05 Mar 2020AY 2010-11

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Shivadas Chettoor, FCAFor Respondent: Sri.Sudhanshu Shekhar Jha, CIT-DR
Section 11Section 2(15)

…AR also relied on the decision of the ITAT, Bangalore Bench in the case of Janalakshmi Social Services vs. DIT(Exemptions), 33 SOT 197 which is decided against the assessee. In the judgments of the Supreme court in the cases of Thiagarajar Charities vs. ACIT (225 ITR 1010) and ACIT vs. Thanthi Trust (239 ITR 502), the cases are not relating to micro finance activities. Similar is the position with the decision of the ITAT, Chennai Bench in the case of ACIT vs. Jeppiar Educational Trust in ITA Nos. 1333, 1334, 1591 to 1595/Mds/2010 dated 15/06/2011 and decision of the ITAT, Kolkata Bench in the case of Sreema Mahi…

Devki Devi Foundation, New Delhi vs. DIT (Exemptions), New Delhi

ITA 1027/DEL/2012[]Status: DisposedITAT Delhi22 Oct 2019

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: -- Devki Devi Foundation, Vs Dit (Exemptions), Plot No.15, 3Rd Floor, 2, Press Enclave Road, Saket, Aayakar Bhawan, New Delhi. Laxmi Nagar District Centre, New Delhi. Pan: Aaatd5283G (Appellant) (Respondent) Assessee By : Shri Ajay Vohra, Sr. Advocate, Shri Gaurav Jain, Advocate & Shri Deepesh Jain, Ca Revenue By : Ms Nidhi Srivastava, Cit, Dr Date Of Hearing : 27.08.2019 Date Of Pronouncement : 22.10.2019 Order Per R.K. Panda, Am: The Appeal Filed By The Assessee Is Directed Against The Order Dated 28.12.2011 Of The Dit (Exemptions), Delhi Withdrawing Registration Granted Earlier U/S 12A Of The It Act Since Inception.

For Appellant: Shri Ajay Vohra, Sr. AdvocateFor Respondent: Ms Nidhi Srivastava, CIT, DR
Section 12A

…e Road Transport Corporation: 159 ITR 1 (SC) vii) Victoria Technical Institute vs. CIT: 188 ITR 57 (SC) viii) Aditanar Educational Institution V. ACIT: 224 ITR 310 (SC) ix) Samaritan Society vs. CIT : 225 ITR 652 ( SC ) x) Thiagarajar Charities vs. Addl. CIT: 225 ITR 1010, 1026 (SC) xi) CIT v. St. Peter’s Educational Society: 385 ITR 66 (SC) xii) Tolani Education Society v. Dy. DIT(Exemptions)- 351 ITR 184 (Bom.)- (approved by SC Queen's Educational Society v CIT in 372 ITR 699) xiii) CIT v Delhi Kannada Education Society: 246 ITR 73 l(Del.) xiv) CIT vs. Krishi Utpadan Mandi Samiti, Purva, Unnao: 186 Taxman 460 (…

ACIT, Gurgaon vs. M/S. the Scientific & Educational Advancement Society, Gurgaon

In the result, Appeal of the Assessee is allowed

ITA 4944/DEL/2012[2008-09]Status: DisposedITAT Delhi15 Oct 2018AY 2008-09

Bench: Shri Bhavnesh Saini, J.M. & Shri L.P. Sahu, A.M.

For Appellant: Shri Somil AgarwalFor Respondent: Shri S.S. Rana, CIT-D.R
Section 10Section 11Section 11(1)Section 12Section 12ASection 143(1)

…ancement Society, Gurgaon. Queen’s Educational Society and St. Paul’s Senior Secondary School (supra) delivered in the context of Section 10(23C)(vi) of the I.T. Act, 1961. The Ld. CIT(A) referred to decision in the case of Thiagarajar Charities vs. Addl. CIT 225 ITR 1010, the Hon’ble Supreme Court has held that “where the predominant object of the activity is to carry out the charitable purpose and not to earn profit, it would not lose its character of a charitable purpose merely because some profit arises from the activity”. The Ld. CIT(A) also noted that on similar reason, appeal of assessee-society for A.Y. 2…

M/S. Scientific and Educational Advancement Society, New Delhi vs. ITO, Gurgaon

In the result, Appeal of the Assessee is allowed

ITA 4430/DEL/2012[2008-09]Status: DisposedITAT Delhi15 Oct 2018AY 2008-09

Bench: Shri Bhavnesh Saini, J.M. & Shri L.P. Sahu, A.M.

For Appellant: Shri Somil AgarwalFor Respondent: Shri S.S. Rana, CIT-D.R
Section 10Section 11Section 11(1)Section 12Section 12ASection 143(1)

…ancement Society, Gurgaon. Queen’s Educational Society and St. Paul’s Senior Secondary School (supra) delivered in the context of Section 10(23C)(vi) of the I.T. Act, 1961. The Ld. CIT(A) referred to decision in the case of Thiagarajar Charities vs. Addl. CIT 225 ITR 1010, the Hon’ble Supreme Court has held that “where the predominant object of the activity is to carry out the charitable purpose and not to earn profit, it would not lose its character of a charitable purpose merely because some profit arises from the activity”. The Ld. CIT(A) also noted that on similar reason, appeal of assessee-society for A.Y. 2…

DCIT (E), New Delhi vs. M/S. New Delhi Youg Men'S Christia Association (Ymca), New Delhi

In the result, the appeal of the department as well as the Cross Objection of the assessee is dismissed

ITA 2675/DEL/2015[2011-12]Status: DisposedITAT Delhi14 Aug 2018AY 2011-12

Bench: Sh. N. K. Saini, Am & Sh. Laliet Kumar, Jm Ita No. 2675/Del/2015 : Asstt. Year : 2011-12 Dcit(E), Vs New Delhi Young Men’S Christian Circle-2(1), Association (Ymca),1, Jai Singh New Delhi Road, Connaught Place, New Delhi-11001 (Appellant) (Respondent) Pan No. Aaatn1200H Co No. 82/Del/2016 : Asstt. Year : 2011-12 New Delhi Young Men’S Christian Vs Dcit(E), Association (Ymca),1, Jai Singh Circle-2(1), Road, Connaught Place, New Delhi New Delhi-11001 (Appellant) (Respondent) Pan No. Aaatn1200H Assessee By : Sh. V. Raja Kumar, Adv. Revenue By : Sh. Sanjeet Singh, Cit Dr Date Of Hearing : 11.07.2018 Date Of Pronouncement : 14.08.2018 Order Per N. K. Saini, Am: The Appeal By The Department & The Cross Objection By The Assessee Are Directed Against The Order Dated 05.02.2015 Of Ld. Cit(A)- 40, New Delhi.

For Appellant: Sh. V. Raja Kumar, AdvFor Respondent: Sh. Sanjeet Singh, CIT DR
Section 11Section 11(1)Section 2(15)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’, NEW DELHI Before Sh. N. K. Saini, AM and Sh. Laliet Kumar, JM ITA No. 2675/Del/2015 : Asstt. Year : 2011-12 DCIT(E), Vs New Delhi Young Men’s Christian Circle-2(1), Association (YMCA),1, Jai Singh New Delhi Road, Connaught Place, New Delhi-11001 (APPELLANT) (RESPONDENT) PAN No. AAATN1200H CO No. 82/Del/2016 : Asstt. Year : 2011-12 New Delhi Young Men’s Christian Vs DCIT(E), Association (YMCA),1, Jai Singh Circle-2(1), Road, Connaught Place, New Delhi New Delhi-11001 (APPELLANT) (RESPONDENT) PAN No. AAATN1200H Assessee by : Sh. V. Raja Kumar, Adv. Revenue by :…

The Fine Arts Society, Mumbai vs. ITO (E) 2(4), Mumbai

In the result, both the appeals of the assessee are party allowed

ITA 189/MUM/2017[2012-13]Status: DisposedITAT Mumbai04 Jul 2018AY 2012-13

Bench: Sri Mahavir Singh, Jm & Sri G Manjunatha, Am Aayakr Apila Sam./ Ita No. 2171/Mum/2016 (Inaqa-Arna Baya- / Assessment Year 2011-12)

For Appellant: Shri Vijay MehtaFor Respondent: Shri Rajesh Kumar Yadav, DR
Section 11Section 12Section 143(3)Section 2(15)

…before the Hon'ble Bombay High Court was whether the objects were both religious and charitable. Thus, the facts of the case are distinguishable. Further, the appellant las relied upon the judgment of Hon'ble Supreme Court in the case of Thiagarajar Charities 225 ITR 1010. Again on perusal of this judgment it is noted that in this case the object clause was misinterpreted and accordingly it was held that no business was carried out. Thus, the facts of this case are also distinguishable. v. The appellant submitted that the giving the hall on rent is not the object of the appellant and hence provision of section 2…

The Fine Arts Society, Mumbai vs. Dy Director of Income Tax (Exemptions) - 1(2), Mumbai

In the result, both the appeals of the assessee are party allowed

ITA 2171/MUM/2016[2011-12]Status: DisposedITAT Mumbai04 Jul 2018AY 2011-12

Bench: Sri Mahavir Singh, Jm & Sri G Manjunatha, Am Aayakr Apila Sam./ Ita No. 2171/Mum/2016 (Inaqa-Arna Baya- / Assessment Year 2011-12)

For Appellant: Shri Vijay MehtaFor Respondent: Shri Rajesh Kumar Yadav, DR
Section 11Section 12Section 143(3)Section 2(15)

…before the Hon'ble Bombay High Court was whether the objects were both religious and charitable. Thus, the facts of the case are distinguishable. Further, the appellant las relied upon the judgment of Hon'ble Supreme Court in the case of Thiagarajar Charities 225 ITR 1010. Again on perusal of this judgment it is noted that in this case the object clause was misinterpreted and accordingly it was held that no business was carried out. Thus, the facts of this case are also distinguishable. v. The appellant submitted that the giving the hall on rent is not the object of the appellant and hence provision of section 2…

DCIT (Exemption), New Delhi vs. New Delhi Young Men'S Christian Association (Ymca), New Delhi

In the result, the appeal of the Revenue as well as the cross objection of the assessee are dismissed

ITA 4983/DEL/2015[2012-13]Status: DisposedITAT Delhi20 Nov 2017AY 2012-13

Bench: Shri B.P. Jain & Shri Sudhanshu Srivastava[Assessment Year: 2012-13] The D.C.I.T[E] Vs. New Delhi Young Men’S Circle – 2(1) Christian Association Ltd New Delhi 1, Jai Singh Road, Connaught Place New Delhi Pan : Aaatn 1200 H Co No. 83/Del/2016 (A/O Ita No. 4983/Del/2015 [Assessment Year: 2012-13]) New Delhi Young Men’S Vs. The D.C.I.T[E] Christian Association Ltd Circle – 2(1) 1, Jai Singh Road, New Delhi Connaught Place New Delhi Pan : Aaatn 1200 H [Appellant] [Respondent] Date Of Hearing : 07.11.2017 Date Of Pronouncement : 20.11.2017 Assessee By : Shri K. Sampath, Adv Shri V. Rajakumar, Adv Revenue By : Shri S.K. Jain, Sr. Dr

For Appellant: Shri K. Sampath, AdvFor Respondent: Shri S.K. Jain, Sr. DR
Section 11Section 12ASection 13(1)(b)Section 2(15)

…ion 13(1)(d) of the Act for all investments were held in prescribed terms of securities and no trustee of the Association had ever hold over any asset or property of the Association. The decision of the apex court in Thiagarajar Charities vs. Addl CIT (1997) 225 ITR 1010 (SC) was cited in support of the argument that so long as the surplus was deployed in promoting charity there was no aberration. Ld. Counsel also relied upon the Delhi High Court decision in India Trade Promotion Organization vs. DGIT(E) (2015) 371 ITR 333 for explaining the meaning of the term charity as defined in Section 2(15) of the Act. 25…

` Niharika Education Society, Ghaziabad vs. Addl. CIT, Ghaziabad

In the result, the ground nos

ITA 6183/DEL/2015[2010-11]Status: DisposedITAT Delhi19 Jan 2017AY 2010-11

Bench: Shri S.V. Mehrotraassessment Year : 2010-11 Niharika Education Society, Addl. Cit, Range-1, C/O Akhilesh Kumar, Advocate, Ghaziabad. Chamber No.206-07, Vs. Ansal “Satyam”, Rdc Raj Nagar, Ghaziabad. Pan : Aaatn 6147 P (Appellant) (Respondent)

For Appellant: Shri Akhilesh Kumar, AdvFor Respondent: Shri Rajesh Kumar, Sr.DR
Section 10Section 10(23)(c)Section 11(5)Section 12ASection 143(3)Section 80G

…(Delhi-E) 7. DDIT V ICAI (2016) 159 ITD 573 : 70 taxmann.com 54 (Del-Trib.) 8. Queen's Educational Society V CIT [2015] 372 ITR 699 (SC) 9. CCIT V St. Peter's Educational Society [2016] 385 ITR 66: 70 taxmann.com 171 (SC) 10. THIAGARAJAR CHARITIES V. ADDL CIT 225 ITR 1010(SC) 11. ADDL CIT V. SURAT ART SILK CLOTH MFG. ASS. 121 ITR I(SC) 12. RADHASOAMI SATSANG V CIT (1992) 193 ITR 321 (SC) 13. CIT V NEO POLY PACK (P) LTD. (2000) 245 ITR 492 (DEL) 14. UNION OF INDIA V SATISH PANALAL SHAH (2001) 249 ITR 221 (SC). 12. Ld. DR submitted that principles of res-judicata are not applicable to income tax proceedings and, t…

ITO Trust Ward-IV vs. Misra Charitable Trust

In the result both the appeals of the revenue are allowed for statistical purposes

ITA 1222/DEL/2008[2004-2005]Status: DisposedITAT Delhi21 Jun 2016AY 2004-2005

Bench: Shri H.S.Sidhu & Shri Prashant Maharishi

For Appellant: Sh. P Dam Kanunjna, Sr. DRFor Respondent: None
Section 11Section 12ASection 13(1)(c)

…ith the appellant trust were applied to the objects of the trust. 5.1 I am also of the view that Charitable trusts can carry out commercial activities as was decided by a full bench of the Supreme Court in the case of Thiagarajar Charities v. Addl. CIT (1997) 225 ITR 1010, relying on decisions in the cases Addl. CIT v. Surat Art Silk Cloth Manufacturers’ Association (1980) 121 ITR 1 & Dharmadeepti v. CIT (1978) 114 ITR 454. Repayment of loan should be considered as application of income in view of the decision of the Karnataka High Court in the case o/Commissioner of Income Tax vs. Janmabhumi Press Trust [(2000)…