Thanthi Trust v. CBDT & Ors.

213 ITR 639High Court1995#8293 most cited

What is Thanthi Trust v. CBDT & Ors. authority for?

A business undertaking held under trust falls under Section 11(4) of the Income Tax Act, 1961, and not Section 11(4A), allowing for exemption.

13

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2011 to 2022.

Also referred to as

Thanthi Trust v. CBDT · Section 11(4) · Section 11(4A) · business held under trust · exemption for trusts

Issues it is cited on

section 4(3)section 11(4)section 61section 60section 11(4a)section 11(1)section 260section 260asection 2(15)section 12asection 26section 12

Judgments citing Thanthi Trust v. CBDT & Ors.

The Thanthi Trust, Chennai vs. ADIT (Exemptions), Chennai

In the result, the appeals filed by the assessee are allowed

ITA 2720/CHNY/2017[2012-13]Status: DisposedITAT Chennai08 Jul 2022AY 2012-13

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri V. S. Jayakumar, AdvocateFor Respondent: Shri Guru Bashyam, CIT
Section 11Section 143(3)Section 2(15)

…आयकर अपीलीय अिधकरण, ‘बी’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI "ी महावीर "संह, उपा"य" एवं "ी मनोज कुमार अ"वाल, लेखा सद"य के सम" BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.: 1532, 1533 & 1534/CHNY/2015 & 2720/CHNY/2017 िनधा"रण वष" /Assessment Years: 2009-10, 2010-11, 2011-12 & 2012-13 M/s. The Thanthi Trust, The JCIT (OSD)(Exemptions)II/ 86, EVK Sampath Road, v. DDIT(Exemptions-II(i/c) / Chennai – 600 007. JDIT (Exemptions) / ACIT (Exemptions) Chennai – 34. PAN: AAATT0038R (अपीलाथ"/Appellant) (""यथ"/Respondent…

The Thanthi Trust, Chennai vs. JCIT, Chennai

In the result, the appeals filed by the assessee are allowed

ITA 1534/CHNY/2015[2011-2012]Status: DisposedITAT Chennai08 Jul 2022AY 2011-2012

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri V. S. Jayakumar, AdvocateFor Respondent: Shri Guru Bashyam, CIT
Section 11Section 143(3)Section 2(15)

…आयकर अपीलीय अिधकरण, ‘बी’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI "ी महावीर "संह, उपा"य" एवं "ी मनोज कुमार अ"वाल, लेखा सद"य के सम" BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.: 1532, 1533 & 1534/CHNY/2015 & 2720/CHNY/2017 िनधा"रण वष" /Assessment Years: 2009-10, 2010-11, 2011-12 & 2012-13 M/s. The Thanthi Trust, The JCIT (OSD)(Exemptions)II/ 86, EVK Sampath Road, v. DDIT(Exemptions-II(i/c) / Chennai – 600 007. JDIT (Exemptions) / ACIT (Exemptions) Chennai – 34. PAN: AAATT0038R (अपीलाथ"/Appellant) (""यथ"/Respondent…

The Thanthi Trust, Chennai vs. JCIT, Chennai

In the result, the appeals filed by the assessee are allowed

ITA 1533/CHNY/2015[2010-2011]Status: DisposedITAT Chennai08 Jul 2022AY 2010-2011

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri V. S. Jayakumar, AdvocateFor Respondent: Shri Guru Bashyam, CIT
Section 11Section 143(3)Section 2(15)

…आयकर अपीलीय अिधकरण, ‘बी’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI "ी महावीर "संह, उपा"य" एवं "ी मनोज कुमार अ"वाल, लेखा सद"य के सम" BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.: 1532, 1533 & 1534/CHNY/2015 & 2720/CHNY/2017 िनधा"रण वष" /Assessment Years: 2009-10, 2010-11, 2011-12 & 2012-13 M/s. The Thanthi Trust, The JCIT (OSD)(Exemptions)II/ 86, EVK Sampath Road, v. DDIT(Exemptions-II(i/c) / Chennai – 600 007. JDIT (Exemptions) / ACIT (Exemptions) Chennai – 34. PAN: AAATT0038R (अपीलाथ"/Appellant) (""यथ"/Respondent…

The Thanthi Trust, Chennai vs. JCIT, Chennai

In the result, the appeals filed by the assessee are allowed

ITA 1532/CHNY/2015[2009-2010]Status: DisposedITAT Chennai08 Jul 2022AY 2009-2010

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri V. S. Jayakumar, AdvocateFor Respondent: Shri Guru Bashyam, CIT
Section 11Section 143(3)Section 2(15)

…आयकर अपीलीय अिधकरण, ‘बी’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI "ी महावीर "संह, उपा"य" एवं "ी मनोज कुमार अ"वाल, लेखा सद"य के सम" BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.: 1532, 1533 & 1534/CHNY/2015 & 2720/CHNY/2017 िनधा"रण वष" /Assessment Years: 2009-10, 2010-11, 2011-12 & 2012-13 M/s. The Thanthi Trust, The JCIT (OSD)(Exemptions)II/ 86, EVK Sampath Road, v. DDIT(Exemptions-II(i/c) / Chennai – 600 007. JDIT (Exemptions) / ACIT (Exemptions) Chennai – 34. PAN: AAATT0038R (अपीलाथ"/Appellant) (""यथ"/Respondent…

Panchi Bibi Wakf Estate, Kolkata vs. DDIT (E)-II, Kolkata

ITA 1198/KOL/2012[2008-2009]Status: DisposedITAT Kolkata29 Feb 2016AY 2008-2009

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

Section 11Section 13(1)(C)Section 13(1)(c)Section 13(2)Section 13(3)Section 143(3)

…titled to claim exemption under section 11(1) of the Income-tax Act, 1961, in respect of its income from the kury business.” Similar we also find the support from the case law of Hon’ble Madras High Court in the case of Thanthi Trust v. CBDT And Others (1995)213 ITR 639 (Mad), where it was held that : “As already pointed out according to section 11(1)(a) of the Act income derived from property held under trust (which includes a business undertaking), wholly for charitable or religious purposes to the extent to which such income is applied to such purposes in India, shall not be included in the total income of th…

CIT vs. Mehta Charitable Prajnalaya Trust

Inasmuch as all that is required is for the settler of the trust to declare that the

ITA/1050/2011HC Delhi20 Nov 2012

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE R.V.EASWAR

Section 1Section 260A

…s not available. To this extent his view was the same as the view of his predecessor for the assessment year 198990. However, he proceeded to examine the case in the light of thejudgment of the Madras High Court in the case of Thanthi Trust v. cBDT, (1995) 213 ITR 639 and held that the business was held under trust and therefore the provisions of Section 11(4) applied to the exclusion of Section 11 (4A) of the Act. • In short, he held that it was a case of property (i.e. the business undertaking) being held under trust in accordance with Section 11(4) of the Act. He accordingly directed the assessing offic…

CIT vs. Mehta Charitable Prajnalaya Trust

Inasmuch as all that is required is for the settler of the trust to declare that the

ITA/1051/2011HC Delhi20 Nov 2012

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE R.V.EASWAR

Section 1Section 260A

…s not available. To this extent his view was the same as the view of his predecessor for the assessment year 198990. However, he proceeded to examine the case in the light of thejudgment of the Madras High Court in the case of Thanthi Trust v. cBDT, (1995) 213 ITR 639 and held that the business was held under trust and therefore the provisions of Section 11(4) applied to the exclusion of Section 11 (4A) of the Act. • In short, he held that it was a case of property (i.e. the business undertaking) being held under trust in accordance with Section 11(4) of the Act. He accordingly directed the assessing offic…

Director of Income Tax Exemptions vs. Mehta Charitable Prajnalay Trust

Inasmuch as all that is required is for the settler of the trust to declare that the

ITA/770/2011HC Delhi20 Nov 2012

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE R.V.EASWAR

Section 1Section 260A

…s not available. To this extent his view was the same as the view of his predecessor for the assessment year 198990. However, he proceeded to examine the case in the light of thejudgment of the Madras High Court in the case of Thanthi Trust v. cBDT, (1995) 213 ITR 639 and held that the business was held under trust and therefore the provisions of Section 11(4) applied to the exclusion of Section 11 (4A) of the Act. • In short, he held that it was a case of property (i.e. the business undertaking) being held under trust in accordance with Section 11(4) of the Act. He accordingly directed the assessing offic…

CIT vs. Mehta Charitable Prajnalaya Trust

Inasmuch as all that is required is for the settler of the trust to declare that the

ITA - 1051 / 2011HC Delhi20 Nov 2012
Section 1Section 260A

…s not available. To this extent his view was the same as the view of his predecessor for the assessment year 198990. However, he proceeded to examine the case in the light of thejudgment of the Madras High Court in the case of Thanthi Trust v. cBDT, (1995) 213 ITR 639 and held that the business was held under trust and therefore the provisions of Section 11(4) applied to the exclusion of Section 11 (4A) of the Act. • In short, he held that it was a case of property (i.e. the business undertaking) being held under trust in accordance with Section 11(4) of the Act. He accordingly directed the assessing offic…

CIT vs. Mehta Charitable Prajnalaya Trust

Inasmuch as all that is required is for the settler of the trust to declare that the

ITA - 1050 / 2011HC Delhi20 Nov 2012
Section 1Section 260A

…s not available. To this extent his view was the same as the view of his predecessor for the assessment year 198990. However, he proceeded to examine the case in the light of thejudgment of the Madras High Court in the case of Thanthi Trust v. cBDT, (1995) 213 ITR 639 and held that the business was held under trust and therefore the provisions of Section 11(4) applied to the exclusion of Section 11 (4A) of the Act. • In short, he held that it was a case of property (i.e. the business undertaking) being held under trust in accordance with Section 11(4) of the Act. He accordingly directed the assessing offic…

Commissioner of Income Tax vs. Mehta Charitable Prajnalay Trust

Inasmuch as all that is required is for the settler of the trust to declare that the

ITA - 18 / 2004HC Delhi20 Nov 2012
Section 1Section 260A

…s not available. To this extent his view was the same as the view of his predecessor for the assessment year 198990. However, he proceeded to examine the case in the light of thejudgment of the Madras High Court in the case of Thanthi Trust v. cBDT, (1995) 213 ITR 639 and held that the business was held under trust and therefore the provisions of Section 11(4) applied to the exclusion of Section 11 (4A) of the Act. • In short, he held that it was a case of property (i.e. the business undertaking) being held under trust in accordance with Section 11(4) of the Act. He accordingly directed the assessing offic…

Commissioner of Income Tax vs. Mehta Charitable Prajnalay Trust

Inasmuch as all that is required is for the settler of the trust to declare that the

ITA/309/2003HC Delhi20 Nov 2012
Section 11Section 260A

…t available. To this extent his view was the same as the view of his predecessor for the assessment year 1989-90. However, he proceeded to examine the case in the light of the judgment of the Madras High Court in the case of Thanthi Trust v. CBDT, (1995) 213 ITR 639 and held that the business was held under trust and therefore the provisions of Section 11(4) applied to the exclusion of Section 11(4A) of the Act. In short, he held that it was a case of property (i.e. the business undertaking) being held under trust in accordance with Section 11(4) of the Act. He accordingly directed the assessing office…

Commissioner of Income Taxd vs. M/sA., Venjkatarao AND Others

ITTA/309/2003HC Telangana21 Jun 2011

Bench: V.V.S.RAO,RAMESH RANGANATHAN

Thanthi Trust v. CBDT & Ors. (213 ITR 639) — Cited in 13 Judgments | BharatTax