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“Section 11(2)”

Section References (mined)Section 11Section 11(2)636 judgments

The decision most relied on for Section 11(2) is Subramanian and Anr. v. Siemens India Ltd. and Anr. (156 ITR 11), cited in 541 judgments on BharatTax.

Leading authorities on Section 11(2)

Subramanian and Anr. v. Siemens India Ltd. and Anr.
156 ITR 11 · 1985 · High Court
541
citing judgments

When there is a conflict between the decisions of non-jurisdictional High Courts, the view that favors the assessee should be preferred.

CIT v. State Bank of Bikaner & Jaipur
43 Taxmann.com 411 · 2014 · High Court
524
citing judgments

Employee contributions to provident fund, ESI, and other welfare funds, if deposited by the due date for furnishing the return of income under Section 139(1), are allowable as a deduction and cannot be disallowed under Section 36(1)(va) read with Section 2(24)(x) or Section 43B, even if deposited after the due date prescribed by the respective welfare Acts.

ACIT v. Ahmedabad Urban Development Authority
143 Taxmann.com 278 · 2022 · Supreme Court
390
citing judgments

If activities for the advancement of general public utility are carried on as a business, income from such activities is not exempt under Section 11, even if the profits are utilized for the main charitable object. The argument that profits from general public utility activities can be ploughed back to charity to maintain exemption is not a good law.

Addl. CIT v. Surat Art Silk Cloth Manufacturers Association
121 ITR 1 · 1980 · Supreme Court
328
citing judgments

A charitable institution, whose predominant object is general public utility, can engage in non-charitable activities yielding incidental profits, provided these profits are deployed to achieve the dominant charitable object. A subsidiary object, if ancillary to the primary charitable purpose, does not negate the institution's charitable character.

Sole Trustee, Loka Shikshana Trust v. CIT
101 ITR 234 · 1975 · Supreme Court
323
citing judgments

This case defines 'education' under Section 2(15) of the Income Tax Act as systematic instruction, schooling, or training given to the young for preparation for the work of life. It clarifies that 'education' in this context has a narrow meaning, not extending to every acquisition of further knowledge.

Escorts Ltd. v. UOI
199 ITR 43 · 1993 · Supreme Court
267
citing judgments

A statute should not be construed to permit double deduction for the same expenditure unless specifically provided by law.

Indian Molasses Co. Pvt. Ltd. v. CIT
37 ITR 66 · 1959 · Supreme Court
206
citing judgments

Expenditure is defined as money paid out or away, which is gone irretrievably. To be deductible under Section 37(1), expenditure must be wholly and exclusively for business, not capital or personal, and not fall under specific provisions of Sections 30 to 36, often justifiable on grounds of commercial expediency.

CIT v. Shri Plot Swetamber Murti Pujak Jain Mandal
211 ITR 293 · 1995 · High Court
204
citing judgments

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.

Judgments citing Section 11(2)

South Zone Cultural Centre, Thanjavur vs. Commissioner of Income Tax (Appeals), Delhi

In the result, appeal of the revenue is dismissed’’

ITA 1617/CHNY/2024[2018-2019]Status: DisposedITAT Chennai30 Sept 2024AY 2018-2019

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri S.R. Raghunathaआयकर अपील सं./Ita No.1617/Chny/2024 िनधा"रण वष"/Assessment Year: 2018-2019. South Zone Cultural Centre, The Assistant Commissioner Of Medical College Road, Vs. Income Tax , Thanjavur 613 004. Exemption, Coimbatore. Pan: Aaeas 6898R (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. Mahadevan, C.A., ""यथ" क" ओर से/Respondent By : Dr. Samuel Pitta, Irs, Jcit. सुनवाई क" तारीख/Date Of Hearing : 25.09.2024 घोषणा क" तारीख/Date Of Pronouncement : 30.09.2024 आदेश /O R D E R Per Manu Kumar Giri () The Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax(Appeals)(Nfac) Delhi [Cit(A)] Dated 31.01.2024 For Assessment Years2018-19. 2. The Assessee Has Assailed The Impugned Order On 1-6 Grounds. However, We Find That The Solitary Issue Raised By The Assessee Is That Ld.Cit(A) Erred In Upholding Ita No.1617 /Chny/2024 The Addition Made By The Ao For Rs.48,88,871/- Under Provisions Of Section 11(3)(C) Of The Act.

For Appellant: Shri. Mahadevan, C.AFor Respondent: Dr. Samuel Pitta, IRS, JCIT
Section 11Section 11(2)(a)Section 11(3)Section 11(3)(c)Section 12A

instant case amount of Rs.48,88,871/- which was accumulated during FY 2011-12, therefore period of five years as required in section 11(2)(a) has been violated. Therefore, amount of Rs.48,88,871/- applied during the year has been disallowed. In conclusion, AO held as under: “Since ... money so accumulated or set apart is invested or deposited in the forms or modes specified in sub-section (5)]:]" The provisions of Section 11(2) of the Act clearly authorize the assessee to accumulate the fund for the specific purpose for the specified period. In case on hand there

Abid Ali Khan Educational Trust, Hyderabad vs. DCIT., Exemption Circle-1(1), Hyderabad

In the result, appeal of the assessee is allowed

ITA 457/HYD/2024[2017-18]Status: DisposedITAT Hyderabad25 Sept 2024AY 2017-18

Bench: Shri K.Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No.457/Hyd/2024 (धििाारण वर्ा / Assessment Year: 2017-18) Abid Ali Khan Educational Dcit Trust Vs. Exemption Hyderabad Circle-1(1) [Pan : Aaata4256G] Hyderabad अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent धििााररती द्वारा/Assessee By: Mohd Shoeb, Ar राजस्‍व द्वारा/Revenue By: Shri Srinath Sadanala, Dr सुिवाई की तारीख/Date Of Hearing: 20/08/2024 घोर्णा की तारीख/Pronouncement On: 25/09/2024

For Appellant: Mohd Shoeb, ARFor Respondent: Shri Srinath Sadanala, DR
Section 11Section 11(2)Section 119(2)Section 12A(1)(b)Section 139(1)Section 143(1)Section 154

resort to such a procedure contemplated under the Circular and therefore, the CPC rightly disallowed the exemption claimed by the trust under section 11(2) of the Act. 5. We have gone through the record in the light of the submissions made on either side. As a matter of fact ... date prescribed under section 139(1) of the Act cannot be so fatal as to deny the claim of exemption under section 11(2) of the Act, especially when Form 10/10B was available on record when the intimation was passed by CPC under section

Chevalier P J Cherian Arts and Cultural Foundation, Ashok Nagar vs. Ddi Exemptions, Chennai

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 702/CHNY/2024[2021-2022]Status: DisposedITAT Chennai04 Sept 2024AY 2021-2022

Bench: Shri Mahavir Singh & Shri S.R. Raghunathaआयकर अपील सं./Ita No.702/Chny/2024 िनधा"रण वष" /Assessment Year: 2021-22 Chevalier Pj Cherian Arts & The Ddi (Exemptions), Cultural Foundation, Vs. Chennai. 45, First Avenue Ashok Nagar, Chennai – 600083. [Pan: Aaaac 8002B] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" की ओर से/ Assessee By : Shri P. Ravichandran, Ca ""थ" की ओर से /Revenue By : Shri N. Sanjay Gandhi, Jcit सुनवाई की तारीख/Date Of Hearing : 13.06.2024 घोषणा की तारीख /Date Of Pronouncement : 05.09.2024 आदेश / O R D E R Per S.R. Raghunatha, A.M : This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)-1, Surat [Hereinafter “Cit(A)] In Din & Order No. Itba/Apl/S/250/2023-24/1060188727(1), Dated 29.01.2024. 2. The Assessee Has Raised The Following Grounds Of Appeal. 1. The Orders Of The Assessing Officer & The First Appellate Authority Are Contrary To Law. 2. The Denial Of Exemption Under Section 11 To The Extent Of :- 2 -: Rs.16,60,000/- Is Contrary To Law When The Appellant Had Filed Form 10 Along With The Necessary Resolution For Accumulation Of Income. 3. The Denial Of Exemption By The First Appellate Authority On The Grounds That The Audit Report In Form 1Ob Was Incomplete Is Erroneous & In Any Case The Appellant Ought To Have Been Given An Opportunity To Rebut & Explain The Incompleteness. 4. The Appellant Craves Leave To Raise Additional Grounds.”

For Appellant: Shri P. Ravichandran, CAFor Respondent: Shri N. Sanjay Gandhi, JCIT
Section 11Section 11(1)Section 11(2)Section 12ASection 143(1)Section 143(1)(a)Section 250

part B-TI instead of column 4(vi). The appellant has also pleaded that it fulfilled all the conditions under section 11(2) for accumulation of income and put reliance on various decisions in support of its claim that disallowance cannot be made on merely filing wrong column ... Income for Charitable or Religious purposes, the appellant has not mentioned the amount invested or deposited in-the manner laid down in section 11(2)(b) rather it has submitted its plan/purpose to make expenditure. In that view also, Form 10B submitted by the appellant is erroneous and therefore

Deputy Commissioner (Exemptions), Chennai, Income Tax vs. Hindustan Institute of Technology and Science, Chennai

ITA 611/CHNY/2024[2009-10]Status: DisposedITAT Chennai04 Sept 2024AY 2009-10

Bench: Shri Manu Kumar Giri & Shri S.R. Raghunathaआयकर अपील सं./Ita No. 611/Chny/2024 निर्धारण वर्ष / Assessment Year: 2009-10 The Dy. Commissioner Of Vs. Income Tax (Exemptions), Chennai. Hindustan Institute Of Technology & Science, 40, Gst Road, St Thomas Mount, Chennai - 600 016. (अपीलार्थी/Appellant) [Pan: Aaath-6508-A] (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से / Assessee By Shri R. Venkatesh, C.A प्रत्यर्थी की ओर से /Revenue By Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/Date Of Hearing 26.06.2024 घोषणा की तारीख / Date Of 04.09.2024 Pronouncement आदेश / Order Per S.R. Raghunatha, A.M : This Appeal By The Revenue Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), [Nfac], Delhi (Hereinafter “Cit(A)] In Din & Order No. Itba/Nfac/S/250/2023- 24/1059507197(1), Dated 09.01.2024. The Assessment Was Framed By The Dy. Commissioner Of Income Tax (Exemptions), Chennai For The

Section 11Section 12ASection 139(1)Section 143(3)Section 148Section 3(1)

आयकर अपीलीय अधिकरण, 'बी' न्यायपीठ, चेन्नई। IN THE INCOME TAX APPELLATE TRIBUNAL 'B' BENCH: CHENNAI श्री मनु कुमार गिरि, न्यायिक