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“Section 11(3)”

Section References (mined)Section 11Section 11(3)255 judgments

The decision most relied on for Section 11(3) is Ashok Pai v. CIT (292 ITR 11), cited in 812 judgments on BharatTax.

Leading authorities on Section 11(3)

Ashok Pai v. CIT
292 ITR 11 · 2007 · Supreme Court
812
citing judgments

“Concealment of particulars of income” and “furnishing inaccurate particulars of income” are two distinct offences under Section 271(1)(c) of the Income Tax Act. A penalty cannot be levied under one limb if the show cause notice or basis for penalty specifies the other, as this constitutes a complete variance in the reasons for assuming jurisdiction.

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. Institute of Banking Personnel Selection
264 ITR 110 · 2003 · High Court
398
citing judgments

Depreciation is allowable on assets for which the cost has been fully allowed as an application of income under Section 11 in previous years, when computing the income of a charitable trust. Charitable trusts are also entitled to carry forward their deficit.

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.

Redington (India) Ltd. v. Addl. CIT
77 Taxmann.com 257 · 2017 · High Court
370
citing judgments

No disallowance under Section 14A can be made in the absence of actual exempt income, as Section 14A relates to the earning of actual income, not notional or anticipated income, thereby declining to apply the CBDT Circular dated 11th May 2014 in such cases.

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.

Exide Industries Ltd. v. Union of India
292 ITR 470 · 2007 · High Court
320
citing judgments

The Calcutta High Court held that restricting deduction for leave encashment via Section 43B(f) was arbitrary and contrary to Supreme Court decisions. However, this judgment was later stayed by the Supreme Court.

K.C. Builders & Anr. v. ACIT
265 ITR 562 · 2004 · Supreme Court
241
citing judgments

When the addition made in the assessment order, on the basis of which a penalty for concealment under section 271(1)(c) is levied, is subsequently deleted, the penalty has no basis and must be cancelled.

Judgments citing Section 11(3)

Dadasaheb Tirodkar Shaikshanik Academy, Sindhudurg vs. Itod Exemption Ward, Kolhapur

In the result, appeal of the assessee is partly allowed

ITA 1016/PUN/2025[2017-18]Status: DisposedITAT Pune30 Jul 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1016/Pun/2025 निर्धारण वर्ष / Assessment Year: 2017-18 | Dadasaheb Tirodkar V | The Income Tax Officer, Shaikshanik Academy, S Exemption Ward, Pandurtitha Pandur, Kudal, Kolhapur. Maharashtra. Sindhudurg - 416520. Pan: Aactd5657Q Appellant/ Assessee Respondent / Revenue Assessee By Revenue By Date Of Hearing Date Of Pronouncement Shri Nikhil Pathak & Shri Mayuresh Doshi – Ar'S Shri Eknath Abhang –Addl.Cit(Dr) 23/07/2025 30/07/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Assessee Against The Order Of Ld.Addl./Joint Commissioner Of Income Tax(Appeal), Udaipur Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2017-18 Dated 27.02.2025, Emanating From Order U/S.154 R.W.S 143(1) Of The Income Tax Act, 1961, Dated 09.07.2024. The Assessee Has Raised Following Grounds Of Appeal :

Section 10Section 10(21)Section 10(228)Section 10(24)Section 10(46)Section 10(47)Section 11Section 11(3)Section 13ASection 13B

Amount eligible for exemption under any clause, other than thosc at 8 and 9, of section 10 10 11 Income chargeable under section 11(3) read with section 10(21) 11 12 COME Income claimed/ exempt under section 13A or 13B in case of a Political Party or Electoral Trust

Shri Nashik Road Jain Shwetambar Murtipujak Trust, Nashik vs. Exemption Ward 1(1), Nashik

In the result, appeal of the assessee is partly allowed

ITA 1114/PUN/2025[2023-24]Status: DisposedITAT Pune29 Jul 2025AY 2023-24

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.1114/Pun/2025 िनधा"रण वष" / Assessment Year: 2023-24 Shri Nashik Road Jain V Exemption Ward-1(1), Shwetambar Murtipujak Trust, S Nashik. 1, Datta Mandir Road, Nashik Road, Nashik – 422101. Maharashtra. Pan: Aajts3553P Appellant/ Assessee Respondent / Revenue Assessee By Shri Sharad A Shah – Ar Revenue By Smt. Shilpa Nc – Addl.Cit(Dr) Date Of Hearing 01/07/2025 Date Of Pronouncement 29/07/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Assessee Against The Order Of Ld.Addl./Joint Commissioner Of Income Tax(Appeal)-2, Gurugram Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2023-24 Dated 03.03.2025, Emanating From Order U/S.143(1)Of The Income Tax Act, 1961, Dated 02.12.2024. The Assessee Has Raised Following Grounds Of Appeal :

Section 11Section 11(2)Section 11(3)Section 143(1)Section 250

A.Y.2022-23 and balance amount of Rs.25,67,377/- has been utilized in F.Y.2022-23 i.e.A.Y.2023-24. The said amount is allowable as per the Section 11(3) as applicable in A.Y.2017-18. The ld.AR relied on the decision of ITAT Pune Bench of Yashwantrao Chavan Maharashtra Open University Vs. ITA No.1114/PUN/2025 ... utilized upto A.Y. 2022-23 (till 31.03.2022). Since the appellant was not able to utilise it within stipulated time, according to provisions of Section 11 (3) of Income Tax Act, the amount of Rs 25,67,377/- is taxable as deemed income during the instant assessment year.” ITA No.1114/PUN/2025

Shree Dadar Digamer Jain Mumuksho Mandal, Mumbai vs. CIT(Exemption) Ward 2(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2446/MUM/2025[2023-24]Status: DisposedITAT Mumbai15 Jul 2025AY 2023-24

Bench: Shri Vikram Singh Yadav & Shri Anikesh Banerjeeassessment Year : 2023-24 Shri Dadar Digamber Jain The Cit (Exemption), Mumukshu Mandal, Ward-2(3), 271/293, 271/293, Vs. Mumbai. N.C. Kelkar Road, Opp: Shivaji Park, P.O. Dadar (West) Mumbai-400028. Pan : Aacts8044A (Appellant) (Respondent) For Assessee : Shri A.N. Shah For Revenue : Shri Annavaram Kosuri Date Of Hearing : 11-06-2025 Date Of Pronouncement : 15-07-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Ld.Addl/Jcit(A)-2, Delhi [„Ld.Cit(A)‟], Dated 05-03-2025, Pertaining To Assessment Year (Ay) 2023-24, Wherein The Assessee Has Taken The Following Grounds Of Appeal:

For Appellant: Shri A.N. ShahFor Respondent: Shri Annavaram Kosuri
Section 11(2)Section 11(3)Section 11(3)(c)Section 143(1)

without considering the correct provision stated for the same. 2 b) The learned CIT(A) failed to correctly interpret the amendment in section 11(3)(c) and proviso after clause 11(3)(d) while calculating the period of expiry for utilization of accumulated fund and erroneously confirming the addition ... before before due income due pending amendment date Rs. to exceeding utilization Rs. in law) Rs. time limit as per Section 11(3) Rs. 2016- 50,00,000/- 31.03.2023 35,66,540/- 14,33,460/ The learned AO 17 erred in adding to (5+1 years (Suo moto total income