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“Section 13(1)(c)”

Section References (mined)Section 13Section 13(1)(c)445 judgments

The decision most relied on for Section 13(1)(c) is CIT v. Samsung Electronics Ltd. (345 ITR 494), cited in 461 judgments on BharatTax.

Leading authorities on Section 13(1)(c)

CIT v. Samsung Electronics Ltd.
345 ITR 494 · 2012 · High Court
461
citing judgments

Payments by Indian residents to non-resident foreign software suppliers for software are considered royalty, constituting income deemed to accrue in India under section 9(1)(v), thereby requiring tax deduction at source under section 195.

DIT v. Infrasoft Ltd.
39 Taxmann.com 88 · 2013 · High Court
269
citing judgments

Payments for the use of copyrighted software, without the transfer of any rights in the underlying copyright itself, do not constitute 'royalty' under the Income-tax Act or tax treaties. Such payments are often treated as business income, taxable only if a permanent establishment exists.

Maruti Suzuki India Ltd. v. CIT
381 ITR 117 · 2016 · High Court
220
citing judgments

The Bright Line Test (BLT) is not a recognized method under the Income-tax Act and Rules for benchmarking advertising, marketing, and promotion (AMP) expenses or for determining the existence of an international transaction or its Arm's Length Price. The Revenue must first establish the existence and price of an international transaction before seeking an ALP adjustment.

Motorola Inc. v. Dy. CIT
95 ITD 269 · 2005 · High Court
213
citing judgments

Revenue must demonstrate the existence of a Permanent Establishment (PE) of a foreign enterprise in India, including establishing that transactions underlying a Dependent Agent PE were not at arm's length. Income from the sale of goods is not taxable in India if title and risk in the goods pass outside India.

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.

CIT v. Rajasthan & Gujarati Charitable Foundation Poona
402 ITR 441 · 2018 · Supreme Court
187
citing judgments

Depreciation is allowable as a deduction even if the expenditure for acquiring the capital asset was treated as application of income for charitable purposes. This does not constitute a double benefit.

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.

Judgments citing Section 13(1)(c)

Income Tax Officer, Bibikulam Madurai vs. D N Public Charitable Trust, Arasaradi Madurai Tamil Nadu

ITA 1303/CHNY/2023[2015-16]Status: DisposedITAT Chennai09 Oct 2024AY 2015-16

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.1302 To 1304/Chny/2023 निर्धारण वर्ष/Assessment Years: 2014-15 To 2016-17 & Cross-Objection Nos.1 To 3/Chny/2024 निर्धारण वर्ष/Assessment Years: 2014-15 To 2016-17 The Ito (Exemptions Ward), Bibikulam, Madurai. (अपीलार्थी/Appellant) V. M/S.D.N. Public Charitable 13, Theni Main Road, Arasaradi, Madurai-625 016. [Pan: Aaatd 9013 C] Trust, (प्रत्यर्थी/Respondent/Cross- Objector) Department By Assessee By सुनवाईकीतारीख/Date Of Hearing घोषणाकीतारीख /Date Of Pronouncement : Dr. Samuel Pitta, Jcit : Mr. Arjun Raj, Advocate 22.08.2024 : 09.10.2024 आदेश / Order Per Aby T. Varkey, Jm:

Section 1Section 13(1)(c)Section 13(3)(e)Section 147

proved with material? 2.2 Whether the Ld.CIT(A) was right in holding that the assessing officer was not justified in invoking section 13(1)(c) of the Act, when the assessment, order passed by the assessing officer clearly established the fact that there was violation of provisions of Section 13 ... owned the CT Scanner. 2.4 The Ld CIT(A) erred in allowing exemption u/s.1/12, when there is specific violation of provisions of section 13(1)(c) on the part of assessee trust. 3. The Ld CIT(A) failed to appreciate the fact that the AD has clearly established that

Income Tax Officer, Bibikulam Madurai vs. D N Public Charitable Trust, Arasaradi Madurai Tamil Nadu

ITA 1302/CHNY/2023[2014-15]Status: DisposedITAT Chennai09 Oct 2024AY 2014-15

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos.1302 To 1304/Chny/2023 निर्धारण वर्ष/Assessment Years: 2014-15 To 2016-17 & Cross-Objection Nos.1 To 3/Chny/2024 निर्धारण वर्ष/Assessment Years: 2014-15 To 2016-17 The Ito (Exemptions Ward), Bibikulam, Madurai. (अपीलार्थी/Appellant) V. M/S.D.N. Public Charitable 13, Theni Main Road, Arasaradi, Madurai-625 016. [Pan: Aaatd 9013 C] Trust, (प्रत्यर्थी/Respondent/Cross- Objector) Department By Assessee By सुनवाईकीतारीख/Date Of Hearing घोषणाकीतारीख /Date Of Pronouncement : Dr. Samuel Pitta, Jcit : Mr. Arjun Raj, Advocate : 22.08.2024 : 09.10.2024 आदेश / Order Per Aby T. Varkey, Jm:

Section 1Section 13(1)(c)Section 13(3)(e)

proved with material? 2.2 Whether the Ld.CIT(A) was right in holding that the assessing officer was not justified in invoking section 13(1)(c) of the Act, when the assessment, order passed by the assessing officer clearly established the fact that there was violation of provisions of Section 13 ... owned the CT Scanner. 2.4 The Ld CIT(A) erred in allowing exemption u/s.1/12, when there is specific violation of provisions of section 13(1)(c) on the part of assessee trust. 3. The Ld CIT(A) failed to appreciate the fact that the AD has clearly established that

Jito Bhavnagar Chapter Foundation, Bhavnagar vs. The Commissioner of Income Tax(Exemption), Ahmedabad

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 102/AHD/2024[-]Status: DisposedITAT Ahmedabad03 Oct 2024

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.102/Ahd/2024 िनधा"रण वष" /Assessment Year : - Jito Bhavnagar Chapter The Cit (Exemption) बनाम/ Foundation Ahmedabad V/S. 101, Gold Center, Opp. Dadasaheb Jain Derasar, Kalanala Bhavnagar - 364 001 (Gujarat) "थायी लेखा सं./Pan: Aafcj 2285 C अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri M.S. Chhajed, Ar Revenue By : Shri Prithviraj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 30/09/2024 घोषणा की तारीख /Date Of Pronouncement: 03/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri M.S. Chhajed, ARFor Respondent: Shri Prithviraj Meena, CIT-DR
Section 1Section 12(1)(ac)Section 12ASection 12A(1)(ac)Section 13(1)(c)Section 13(3)Section 8

rival contentions and perused the material on record. We note that the CIT(E)’s interpretation of the MOA and the invocation of Section 13(1)(c) and 13(3) of the Act raise two key issues i.e. charitable nature of the objects and application of section 13 ... welfare elements embedded in the trust’s larger mission, such as promoting charitable giving, health, and self-sufficiency in society. The provisions of Section 13(1)(c) and 13(3) of the Act, which deny exemptions to trusts that provide benefits to specified persons, are intended to be invoked during

Shri Shamlaji Aarogya Seva Trust, Godhra vs. The Pr. CIT (Central), Surat at -Vadodara

In the result, the appeal of the Assessee is dismissed

ITA 138/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad04 Sept 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.138/Ahd/2022 "नधा"रण वष" /Assessment Year : 2017-18 Shri Shamlaji Aarogya Seva Trust The Pr.Cit (Central) बनाम/ Kanelav Road Surat At Vadodara Dhahod Road V/S. Godhra – 389 001 "थायी लेखा सं./Pan: अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Tushar Hemani, Sr.Advocate & Shri Parimalsinh B. Parmar, Ar Revenue By : Shri H. Phani Raju, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 29/08/2024 घोषणा क" तार"ख /Date Of Pronouncement: 04 /09/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Has Been Preferred By The Assessee Against The Order Passed By The Ld.Principal Commissioner Of Income Tax (Central), Surat [Hereinafter Referred To As "Pcit"] Under Section 263 Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"], For The Assessment Year (Ay) 2017-18, Wherein The Pcit Held That The Assessment Order Passed By The Assessing Officer (Hereinafter Referred To As “Ao”) Under Section 143(3) Of The Act, Dated 16.11.2019, Was Erroneous & Prejudicial To The Interests Of

For Appellant: Shri Tushar Hemani, Sr.Advocate &For Respondent: Shri H. Phani Raju, CIT-DR
Section 12ASection 13(3)Section 133ASection 142(1)Section 143(3)Section 263

funds were misused for the trustees' personal gain. - Funds intended for charitable purposes were utilized directly by the trustees, indicating a violation of Section 13(1)(c) of the Act. 7.1. Despite the gravity of the survey findings, the AO did not scrutinize or apply the provisions of Section 13

Deputy Commissioner of Income Tax, Exemptions Circle, Chennai, Income Tax Department vs. The Indian Institute of Engineering Technology, Chennai

In the result the appeal of the Revenue dismissed

ITA 679/CHNY/2024[2012-13]Status: DisposedITAT Chennai30 Aug 2024AY 2012-13

Bench: Shri Mahavir Singh & Shri S.R. Raghunathaआयकर अपील सं./Ita No.679/Chny/2024 िनधा;रण वष; /Assessment Year: 2012-13 The Dy. Commissioner Of The Indian Institute Of Engineering Income Tax, Vs. Technology, Exemptions Circle, 363, Arcot Road, Kodambakkam, Chennai. Chennai – 600 024. [Pan: Aaatt 2768C] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथH की ओर से/ Assessee By : Shri R. Vijayaraghavan, Advocate JkथH की ओर से /Revenue By : Shri N. Sanjay Gandhi, Jcit सुनवाई की तारीख/Date Of Hearing : 11.06.2024 घोषणा की तारीख /Date Of Pronouncement : 30.08.2024 आदेश / O R D E R 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- 24/1059500064(1), Dated 09.01.2024. The Assessment Was Framed By The Assessing Officer For The Assessment Year 2012-13 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Vide Order Dated 20.03.2015. :- 2 -: 2. There Is A Delay Of 06 Days In Filing The Appeal By The Revenue.

For Appellant: Shri R. Vijayaraghavan, AdvocateFor Respondent: Shri N. Sanjay Gandhi, JCIT
Section 10Section 11Section 12ASection 13(1)Section 13(1)(c)Section 13(1)(d)Section 143(3)

that the excess payment of Rs. 70,25,780/- made by assessee to sister trust without adequate security did not violate provisions of section 13(1)c) of the Act.” 4. Facts of the case: The assessee is a registered public charitable trust, registered U/s.12AA of the Act, vide ... Rs.1,11,900/- to M/s. Meenakshi Soundarajan in the form of honorarium to the relative of the founder of the Trust by violating section 13(1)(c) of the Act. Further, the assessee has shown an :- 4 -: amount of Rs.70,25,780/- as loan receivable from another trust (sister concern