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“business trust”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(13A) / ITR Schedule PTI59 judgments

The decision most relied on for business trust is Income Tax v. Institute of Banking Personnel Selection (IBPS) (131 Taxmann 386), cited in 188 judgments on BharatTax.

Leading authorities on business trust

Income Tax v. Institute of Banking Personnel Selection (IBPS)
131 Taxmann 386 · 2003 · High Court
188
citing judgments

The Income Tax Act, 1961, does not permit the carry forward of excess expenditure of a charitable trust to be set off against future surpluses, as such trusts are governed by a self-contained code under Sections 11 to 13, not the head 'Profits and Gains of Business'. However, depreciation on fixed assets is allowable to a charitable institution registered under section 12A.

East India Housing and Land Development Trust Ltd. v. CIT
42 ITR 49 · 1961 · Supreme Court
147
citing judgments

Rental income from immovable property owned by an assessee must be assessed under the head 'Income from House Property' (Section 22), even if the assessee is engaged in the business of real estate or property development and leasing. This emphasizes the mandatory classification of income under its specific statutory head.

(State of T.N v. Board of Trustees of the Port of Madras
4 SCC 630 · 1989 · Reported
108
citing judgments

An activity, even if it involves sales, does not constitute "business" for tax purposes if it is an incidental part of the main activities of a public utility entity and lacks a profit motive. The presence of a profit motive is generally essential to classify an activity as business.

Asstt. CIT v. Thanthi Trust
247 ITR 785 · 2001 · Supreme Court
98
citing judgments

A charitable trust can earn income from business activities under Section 11(4A), including incidental businesses, and still claim exemption under Section 11, provided the income is applied towards its charitable objects. Generating a surplus from such activities does not automatically negate the charitable purpose.

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.

DIT v. Sabarmati Gaushala Trust
362 ITR 539 · 2014 · High Court
63
citing judgments

Activities of a trust established for the advancement of general public utility do not constitute a 'business' activity if undertaken without private motive, thus qualifying for exemption under Section 11 read with Section 2(15), even when charging fees or receiving consideration.

Commissioner of Sales Tax v. Sai Publication Fund
258 ITR 70 · 2002 · Supreme Court
62
citing judgments

If a charitable organization's dominant activity is not business, then any incidental or ancillary activity performed to achieve its main object will also not be considered 'business,' even if it generates income, provided the primary activity is not driven by a profit intent.

(1938) 6 ITR 1, 7 (Ail); Bharat Development (P.) Ltd. v. CIT
133 ITR 470 · 1982 · High Court
41
citing judgments

For an activity to be considered 'business' under income tax law, it must occupy time, attention, and labour with a normal object of making profit. Profit motive is an important factor, and the activity should involve a continuous course of dealings between two or more persons.

Judgments citing business trust

Nik Family Trust, Mumbai vs. Deputy Commissioner of Income Tax- Circle 23(1), Mumbai

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

ITA 403/MUM/2025[2021-22]Status: DisposedITAT Mumbai08 May 2025AY 2021-22

Bench: Hon’Ble Shri Sandeep Gosainnik Family Trust Vs. Dcit, Circle – 23(1) C-7, Ishwar Niwas Sick Piramal Chamber. Nagar, Vp Raod, Girgaon. Pan/Gir No. Aadtn2244C (Applicant) (Respondent) Assessee By Shri Dharan Gandhi A/W Shri Ashutosh Patare Revenue By Shri Avinash Karpe, Sr. Dr Date Of Hearing 01.05.2025 Date Of Pronouncement 08.05.2025 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order 24.12.2024 Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), By The National Faceless Appeal Centre, Delhi (Nfac) For The Assessment Year 2021-22. 2. The Only Effective Issue Raised In The Present Appeal Regarding Levying Of Surcharge. In This Regard It Is Submitted That Assessee Is A Discretionary Trust, Eligible To File Return In Itr-5, The Assessee Had Filed Its Return Of 2 Nik Family Trust, Mumbai

Section 143(1)Section 164Section 2Section 2(1)Section 250

Sriram Trust, Hyderabad vs. ITO (ITA Nos. 439, 440 & 441/Hyd./2024, decided on 19.06.2024) 5 NIK Family Trust, Mumbai 4. Ujjwal Business Trust vs. CPC (in ITA No. 602/Mum2024 decided on 28.06.2024) 5. Lintas Employees Holiday Assistance Trust vs. CPC (ITA No. 1796/Mum/2024 decided on 26.07.2024) 6. Jitendra Gala Navneet