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“Section 11(5)”

Section References (mined)Section 11Section 11(5)316 judgments

The decision most relied on for Section 11(5) is PCIT v. Wipro Ltd. (140 Taxmann.com 223), cited in 192 judgments on BharatTax.

Leading authorities on Section 11(5)

PCIT v. Wipro Ltd.
140 Taxmann.com 223 · 2022 · Supreme Court
192
citing judgments

Exemption provisions under Chapter III, such as Section 10B(8), must be interpreted strictly, and any claim for such exemptions must be made in the return of income. The principles governing Chapter III (incomes not forming part of total income) differ from those for Chapter VIA (deductions in computing total income).

Lissie Medical Institutions v. CIT
348 ITR 344 · 2012 · High Court
164
citing judgments

The Kerala High Court held that charitable institutions claiming exemption under Section 11 are not entitled to claim depreciation on assets used for charitable purposes, taking a view contrary to most other High Courts.

CIT v. Fr. Mullers Charitable Institutions
363 ITR 230 · 2014 · High Court
117
citing judgments

For a charitable trust, a violation of Section 13(1)(d) does not lead to the denial of exemption under Section 11 on its total income. Instead, only income derived from investments or deposits made in violation of Section 11(5) or income diverted under Section 13(1)(c) or 13(1)(d) is taxable.

1. Father Mullers Charitable Institutions 363 IT 230 (Kar.) 2. DIT(E) v. Sheth Mafatlal Gagalbhai Foundation Trust
249 ITR 533 · 2001 · High Court
108
citing judgments

Income of a trust that is taxable at the maximum marginal rate should be taxed accordingly, while other income is eligible for exemption under Section 11 of the Income-tax Act.

Commissioner of Income-tax v. Nizam's Suppl. Religious Endowment Trust
127 ITR 378 · 1981 · High Court
87
citing judgments

Income of a charitable trust, other than from a business undertaking covered by Section 11(4), is determined based on its books of account. Payments of income tax and wealth tax by the trust are considered an application of income for charitable purposes under Section 11.

CIT v. Dawoodi Bohra Jamat
364 ITR 31 · 2014 · Supreme Court
83
citing judgments

A trust's objects, even if based on religious tenets, can qualify as charitable for tax exemptions if its benefits are not exclusively restricted to a particular religious community or caste.

Trust (249 ITR 533) (Bom.) 3. CIT vs. Red Rose School (163 Taxman 19 (All.) 4. DIT(E) v. Alarippu (
172 ITR 698 · 1988 · High Court
61
citing judgments

Income received by a trust from sources like extra fees can be taxed at the maximum marginal rate, while other income remains eligible for exemption under Section 11 of the Income Tax Act.

Dy. CIT v. Zuari Estate Development and Investment Co. Ltd.
373 ITR 661 · 2015 · Supreme Court
61
citing judgments

Reopening of assessment beyond four years under Section 147 requires strict satisfaction of conditions precedent, including fresh tangible material, and cannot be based on a mere change of opinion from the original assessment. Further, debatable or interpretational issues cannot be adjusted during processing under Section 143(1).

Judgments citing Section 11(5)

Shree Vaish Aggrawal Samaj Chawla Colony Ballabgarh, Ballabgarh, Faridabad vs. CIT Exemptions, Chandigarh

Appeal is allowed

ITA 4204/DEL/2025[NA]Status: DisposedITAT Delhi20 Nov 2025

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: Na Vs. Cit(Exemption), Shree Vaish Aggrawal Samaj Chawla Colony, Chandigarh Agarsain Bhawan Aggarwal Dharamshala, Near Panchat Bhawan, Chawla Colony, Faridabad Pan: Abcas8302F (Appellant) (Respondent) Assessee By Sh. Charitra Gupta, Ca Sh. Deepak Garg, Ca Department By Sh. Jitender Singh, Cit(Dr) Date Of Hearing 12.11.2025 Date Of Pronouncement 20.11.2025 Order Per Satbeer Singh Godara, Jm The Assessee Has Filed The Instant Appeal Against The Commissioner Of Income Tax (Exemption) [In Short, The “Cit(E)”], Delhi’S Order Dated 27.05.2025 Having Din & Notice No. Itba/Exm/F/Exm45/2025-26/1076467568(1), Involving Proceedings Under Section 12A(1)(Ac)(Ii) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). Heard Both The Parties. Case File Perused. 2. Coming To The Assessee’S Sole Substantive Ground Seeking Section 12Ab Registration Herein, We Note From A Perusal Of The Case Record That The Learned Cit(E) Has Declined Its Application Dated 24.12.2024 Vide Following Detailed Discussion: - “4.2 In Response Thereto, The Applicant Has Furnished Its Reply On 05.03.2025. On Perusal Of The Financial Statements Submitted By The Applicant, It Has Been Observed That The Applicant Has Made Investments Of Rs. 8,00,000/- In Btl Impex India Ltd. & Rs. 39,02,760/- In Srs Investment Ltd. The Relevant Extracts Of The Balance Sheets As On 31.03.2022, 31.03.2023 & 31.03.2024 Is Reproduced As Under:

Section 11Section 11(2)Section 11(5)Section 12ASection 12A(1)(ac)

Income-tax Act at the time of making the aforementioned investments, it did not claim exemption under section 11. Accordingly, the provisions of section 11(5), which prescribe the specified forms and modes for investment or deposit of money for institutions claiming exemption under section 11, are not applicable ... India Ltd. and SRS investment Ltd. The said investments are not in the forms or modes specified in section 11(5) of the Income Tax Act, 1961. The applicant had been registered u/s 12A from A.Y 2021- 22 to A.Y 2025-26 vide order dated 05.12.2022 and claiming exemption