← All Phrases

“Section 11(1)”

Section References (mined)Section 11Section 11(1)848 judgments

The decision most relied on for Section 11(1) is Ashok Pai v. CIT (292 ITR 11), cited in 812 judgments on BharatTax.

Leading authorities on Section 11(1)

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. 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.

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.

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.

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.

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(1)

Sujan Mohinder Charitable Trust, New Delhi vs. ITO Ward 2(2) Exemption, New Delhi

In the result, assessee's appeal is allowed for statistical purposes

ITA 539/DEL/2023[2017-18]Status: DisposedITAT Delhi27 Jun 2024AY 2017-18

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2017-18 Sujan Mohinder Charitable Trust, Vs Ito, 8, Eastern Avenue, Ward 2(2) Exemption, Maharani Bagh, New Delhi. New Delhi – 110 065. Pan: Aaats7083F (Appellant) (Respondent) Assessee By : Ms Vandana Bhandari, Ca Revenue By : Shri Ravi Kant Choudhary, Sr. Dr Date Of Hearing : 10.06.2024 Date Of Pronouncement : 27.06.2024 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 30.12.2022 Of The Commissioner Of Income Tax (Appeals), Nfac (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.Cit(A), Delhi-40/10374/2019-20 Arising Out Of The Appeal Before It Against The Order Dated 28.12.2019 Passed U/S 144 Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’), By The Ito, Exemption, Ward 2(2), New Delhi (Hereinafter Referred To As The Ld. Ao). The Assessee Is A Charitable Trust Created By A Trust Deed Dated 6Th March, 2. 1978 & Is Registered U/S 12A Of The Act. The Assessee’S Case Was Picked Up For Scrutiny & The Ao Examined The Cash Deposits Of Rs.34,53,730/- During The Demonetization Period & Further Observed That During The Relevant Assessment Year No Return Has Been Filed By The Assessee Either U/S 139 Of The Act Or In Response To Notice U/S 142(1) Of The Act. Accordingly, The Assessment Was Completed U/S 144 Of The Act Making An Addition Of Rs.1,22,87,399/- U/S 69A Of The Act On Account Of Following Show Cause Notice:-

For Appellant: Ms Vandana Bhandari, CAFor Respondent: Shri Ravi Kant Choudhary, Sr. DR
Section 10BSection 11Section 119(2)Section 12ASection 139Section 142(1)Section 144Section 69A

dismissing the appeal of the assessee. 6.1 The appellant assessee has to be held to be eligible and entitled to exemptions under Section 11(1) and 112) of the Act and the alleged ground of non-filing of audit report along with return of income which was at the best

Secondary School Education Society Hegdekatta, Sirsi vs. Income-Tax Officer (Exemptions) Ward-1, Mangalore

In the result, the appeal filed by the assessee is allowed

ITA 897/BANG/2024[2021-22]Status: DisposedITAT Bangalore24 Jun 2024AY 2021-22

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavsecondary School Education The Income Tax Officer Society Hegdekatta (Exemption), Ward -1 1. Shri Gajanan Sec. School Albuquerque House Vs. Hegdekatta Sirsi Attavar Road, Attavar Sirsi 581403 Karnataka Mangalore 575001 Pan – Aanas3479D (Appellant) (Respondent) Assessee By: Shri Prabhath P. Bhat, Ca Revenue By: Ms. Neha Sahay, Jcti-Dr Date Of Hearing: 24.06.2024 Date Of Pronouncement: 24.06.2024 O R D E R Per: Prakash Chand Yadav, J.M. The Present Appeal Of The Assessee Is Arising From Din & Order No. Itba/Apl/S250/2003-24/1063671684(1) Passed By The Commissioner Of Income Tax (Appeals), Aurangabad (Cit(A)) Dated 30.03.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2021-22. 2. The Brief Facts Of The Case Are That The Assessee, A Charitable Trust Registered With Income Tax Department Under Section 12Aa & Also Got 80G Of The Act. The Main Object Of The Assessee Is To Provide Education To Aspirants From Primary Level To Secondary Level. For The Impugned Year, Assessee Has Filed Its Return Of Income Electronically On 07.01.2022, Declaring Gross Total

For Appellant: Shri Prabhath P. Bhat, CAFor Respondent: Ms. Neha Sahay, JCTI-DR
Section 11Section 12ASection 139(1)Section 143(1)Section 250

dismissing the appeal of the assessee. 6.1 The appellant assessee has to be held to be eligible and entitled to exemptions under Section 11(1) and 11(2) of the Act and the alleged ground of non-filing of audit report along with return of income which