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“application of income for charitable purposes”

Charitable TrustsSection 11Section 1197 judgments

The decision most relied on for application of income for charitable purposes is CIT v. Shri Plot Swetamber Murti Pujak Jain Mandal (211 ITR 293), cited in 204 judgments on BharatTax.

Leading authorities on application of income for charitable purposes

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.

CIT v. Maharana of Mewar Charitable Foundation
164 ITR 439 · 1987 · High Court
153
citing judgments

For charitable trusts, the set-off of excess expenditure from prior years against the income of a subsequent year is considered an application of income for charitable purposes. Similarly, the repayment of loans borrowed for legitimate charitable activities is also treated as an application of income.

ACIT v. Surat City Gymkhana
300 ITR 214 · 2008 · Supreme Court
125
citing judgments

Once an institution receives registration under Section 12AA, the Assessing Officer must compute its income as per Section 11, focusing only on the application of income and not re-examining the charitable nature of its activities. The Supreme Court also clarified the meaning and scope of 'general public utility' under Section 2(15).

CIT v. Market Committee, Pipli
330 ITR 16 · 2011 · High Court
113
citing judgments

A charitable trust can claim depreciation on assets when computing the income applied for charitable or religious purposes under Section 11 of the Income Tax Act, for assessment years prior to the introduction of Section 11(6). The restriction on claiming depreciation, as introduced by Section 11(6), is prospective from AY 2015-16.

CIT v. Tiny Tots Education Society
330 ITR 21 · 2011 · High Court
112
citing judgments

Charitable institutions are entitled to claim depreciation on assets even when the cost of acquisition has already been treated as an application of income for exemption purposes, as this does not constitute a double deduction.

CIT v. Andhra Pradesh State Road Transport Corporation
159 ITR 1 · 1986 · Supreme Court
102
citing judgments

An organization qualifies as charitable under Section 2(15) only if its income and property are solely applied for its charitable objects and, upon dissolution, its residual assets are restricted for utilization exclusively for charitable purposes, not for distribution to members or as general state revenue.

Judgments citing application of income for charitable purposes

Annai Velankanni Educational and Social Society, Cuddalore vs. DCIT (Exemptions), Chennai

The appeal stand allowed

ITA 1278/CHNY/2024[2018-19]Status: DisposedITAT Chennai03 Jun 2024AY 2018-19

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ Ita No.1278/Chny/2024 (िनधा*रण वष* / Assessment Year: 2018-19) & 2. Stay Application No.25/Chny/2024 (In Ita No.1278/Chny/2024) (िनधा*रण वष* / Assessment Year: 2018-19) Annai Velankanni Educational & Dcit (Exemptions) बनाम/ Social Society Chennai-34. Angucherry Palayam, Panruti Vs. Cuddalore-607 106. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabta-9910-E (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Ms. N.V. Lakshmi (Advocate)-Ld. Ar " थ"कीओरसे/Respondent By : Shri Ar V Sreenivasan (Addl.Cit) -Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 22-05-2024 घोषणाकीतारीख /Date Of Pronouncement : 03-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee Arises Out Of An Order Passed By Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] On 15-03-2024 In The Matter Of Penalty Levied By Ld. Assessing Officer [Ao] Of Rs.41.40 Lacs U/S 270A Of The Act Allegedly For Under-Reporting Of Income Vide Order Dated 26-

For Appellant: Ms. N.V. Lakshmi (Advocate)-Ld. ARFor Respondent: Shri AR V Sreenivasan (Addl.CIT) -Ld. DR
Section 11Section 12ASection 270(9)Section 270A

that during assessment proceedings, it transpired that the assessee donated corpus donation of Rs.67 Lacs to another trust which was treated as application of income for charitable purposes. The Ld. AO, invoking Explanation-2 to Sec.11 (1), denied the said claim. Consequently, Ld. AO proceeded to impose impugned penalty

DCIT, Central Circle-27, New Delhi vs. Gian Sagar Educational & Charitable Trust, Chandigarh

In the result, the appeal of the Revenue is dismissed

ITA 954/DEL/2021[2016-17]Status: DisposedITAT Delhi10 May 2023AY 2016-17

Bench: Shri Saktijit Dey & Shri M. Balaganeshassessment Year: 2016-17 Dcit, Vs Gian Sagar Educational & Central Circle-27, Charitable Trust, New Delhi. Ram Nagar, Banur, Patiala, Punjab – 140 601. Pan: Aaatg5827B (Applicant) (Respondent) Assessee By : Shri Ravi Pratap Mall, Advocate Revenue By : Shri Anuj Garg, Sr. Dr Date Of Hearing : 03.05.2023 Date Of Pronouncement : 10.05.2023 Order Per M. Balaganesh, Am: This Appeal In Ita No.954/Del/2021 For Ay 2016-17 Arises Out Of The Order Of The Commissioner Of Income Tax (Appeals)-29, New Delhi [Hereinafter Referred To As ‘Ld. Cit(A)’, In Short] In Appeal No.187/2018-19 Dated 17.02.2021 Against The Order Of Assessment Passed U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 28.12.2018 By The Ld. Assessing Officer, Central Circle 27, Delhi (Hereinafter Referred To As ‘Ld. Ao’). 2. The Revenue Has Raised The Following Grounds Of Appeal:-

For Appellant: Shri Ravi Pratap Mall, AdvocateFor Respondent: Shri Anuj Garg, Sr. DR
Section 11Section 11(1)(a)Section 12ASection 143(3)Section 40A(3)Section 80G

Based on this, the ld. AO held that the exemption claimed by the assessee u/s 11 of the Act by way of application of income for charitable purposes could not be granted to the assessee and made an addition of Rs.2,84,33,532/- in the assessment. 4. Further