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“accumulation of income”

Charitable TrustsSection 11(2)Section 11(2)359 judgments

The decision most relied on for accumulation of income is Lissie Medical Institutions v. CIT (348 ITR 344), cited in 164 judgments on BharatTax.

Leading authorities on accumulation of 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. Raj Kumar
318 ITR 462 · 2009 · High Court
119
citing judgments

Genuine trade advances made by a company in the ordinary course of business to a shareholder do not fall within the definition of deemed dividend under Section 2(22)(e) of the Income-tax Act.

CIT v. Nagpur Hotel Owners Association
247 ITR 201 · 2001 · Supreme Court
112
citing judgments

While there is no statutory time limit for filing Form 10 to claim exemption for income accumulation under Section 11(2), it must be furnished before the completion of assessment proceedings for the Assessing Officer to grant the exemption.

CIT v. Rao Bahadur Calavala Cunnan Chetty Charities
135 ITR 485 · 1982 · High Court
98
citing judgments

The income of a charitable trust, particularly income from property held under trust, for the purpose of claiming exemption under Section 11, must be computed in a normal commercial manner, without strict reference to the computation provisions for different heads of income like Section 14 or Section 24(a). This approach ensures that the income available for application or accumulation is assessed on commercial principles.

CIT v. Programme for Community Organisation
248 ITR 1 · 2001 · Supreme Court
90
citing judgments

The 15% exemption available to charitable trusts under Section 11(1)(a) is absolute and is not curtailed by the provisions of Section 11(2) regarding accumulation of income. Voluntary contributions received towards the corpus of a trust are excluded from the scope of income for Section 11(1)(a) exemption purposes.

CIT v. Programme for Community Organisation
228 ITR 620 · 1997 · High Court
73
citing judgments

For charitable or religious trusts, income for exemption under Sections 11 and 12 must be computed on a commercial basis, not head-wise as per Section 14, treating expenditure as a charge against income. The net income, along with non-corpus donations, forms the eligible base for determining the application of funds and the permissible accumulation under Section 11(1)(a).

CIT v. Mayur Foundation
274 ITR 562 · 2005 · High Court
68
citing judgments

The Gujarat High Court held that Form No. 10, for exercising the option under section 11(2) to accumulate income, can be submitted during assessment proceedings, including before the Income Tax Appellate Tribunal, which is a continuation of assessment proceedings. Such submission constitutes sufficient compliance for claiming exemption under section 11.

ACIT v. A.L.N. Rao Charitable Trust
216 ITR 697 · 1995 · Supreme Court
58
citing judgments

The exemption for income accumulated under section 11(1)(a) (presently 15%) is absolute, and section 11(2) does not restrict its operation or require such accumulated income to be invested in specified securities. Investment requirements under section 11(2) apply only to accumulation beyond this absolute exemption limit.

Judgments citing accumulation of income

South Zone Cultural Centre, Thanjavur vs. Commissioner of Income Tax (Appeals), Delhi

In the result, appeal of the revenue is dismissed’’

ITA 1617/CHNY/2024[2018-2019]Status: DisposedITAT Chennai30 Sept 2024AY 2018-2019

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri S.R. Raghunathaआयकर अपील सं./Ita No.1617/Chny/2024 िनधा"रण वष"/Assessment Year: 2018-2019. South Zone Cultural Centre, The Assistant Commissioner Of Medical College Road, Vs. Income Tax , Thanjavur 613 004. Exemption, Coimbatore. Pan: Aaeas 6898R (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. Mahadevan, C.A., ""यथ" क" ओर से/Respondent By : Dr. Samuel Pitta, Irs, Jcit. सुनवाई क" तारीख/Date Of Hearing : 25.09.2024 घोषणा क" तारीख/Date Of Pronouncement : 30.09.2024 आदेश /O R D E R Per Manu Kumar Giri () The Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax(Appeals)(Nfac) Delhi [Cit(A)] Dated 31.01.2024 For Assessment Years2018-19. 2. The Assessee Has Assailed The Impugned Order On 1-6 Grounds. However, We Find That The Solitary Issue Raised By The Assessee Is That Ld.Cit(A) Erred In Upholding Ita No.1617 /Chny/2024 The Addition Made By The Ao For Rs.48,88,871/- Under Provisions Of Section 11(3)(C) Of The Act.

For Appellant: Shri. Mahadevan, C.AFor Respondent: Dr. Samuel Pitta, IRS, JCIT
Section 11Section 11(2)(a)Section 11(3)Section 11(3)(c)Section 12A

income at Rs.NIL. The return of income filed by the assessee society has been selected for scrutiny under CASS to examine the issues, ‘Accumulation of Income by Trust”. On perusal of ITR for AY 2018-19, AO noted that under Schedule-I the assessee society has applied an amount

Sri Laxminarsimha Swamy Temple, Nalgonda vs. Income Tax Officer, Exemption Ward 1(2), Hyderabad

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

ITA 738/HYD/2024[2020-21]Status: HeardITAT Hyderabad04 Sept 2024AY 2020-21

Bench: Shri Manjunatha, G.आ.अपी.सं /Ita No.738/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2020-21) Sri Laxmi Narsimha Vs. Income Tax Officer Temple Nalgonda (Exemption) Ward 1(2) Pan:Aahas4698G Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate T Chaitanya Kumar राज" व "ारा/Revenue By:: Shri S.P.G. Mudaliar, Dr सुनवाई की तारीख/Date Of Hearing: 04/09/2024 घोषणा की तारीख/Pronouncement: 04/09/2024 आदेश/Order

For Appellant: Advocate T Chaitanya KumarFor Respondent: : Shri S.P.G. Mudaliar, DR
Section 11Section 11(2)Section 11(5)Section 143(3)

Rs.47,25,542/- has been invested in FDs of Nationalized Banks. However, the appellant neither filed Form 10 explaining the purpose of accumulation of income u/s 11(2) of the Act, nor filed any details of investment in FDs before the Assessing Officer. Therefore, the Assessing Officer has passed ... income in terms of section 11(2) by filing Form 10. Since the appellant has not filed Form 10 indicating the reasons for accumulation of income, the learned CIT (A) sustained the addition made by the Assessing Officer. 4. Aggrieved by the order of the learned CIT (A), the assessee

Chevalier P J Cherian Arts and Cultural Foundation, Ashok Nagar vs. Ddi Exemptions, Chennai

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

ITA 702/CHNY/2024[2021-2022]Status: DisposedITAT Chennai04 Sept 2024AY 2021-2022

Bench: Shri Mahavir Singh & Shri S.R. Raghunathaआयकर अपील सं./Ita No.702/Chny/2024 िनधा"रण वष" /Assessment Year: 2021-22 Chevalier Pj Cherian Arts & The Ddi (Exemptions), Cultural Foundation, Vs. Chennai. 45, First Avenue Ashok Nagar, Chennai – 600083. [Pan: Aaaac 8002B] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" की ओर से/ Assessee By : Shri P. Ravichandran, Ca ""थ" की ओर से /Revenue By : Shri N. Sanjay Gandhi, Jcit सुनवाई की तारीख/Date Of Hearing : 13.06.2024 घोषणा की तारीख /Date Of Pronouncement : 05.09.2024 आदेश / O R D E R Per S.R. Raghunatha, A.M : This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)-1, Surat [Hereinafter “Cit(A)] In Din & Order No. Itba/Apl/S/250/2023-24/1060188727(1), Dated 29.01.2024. 2. The Assessee Has Raised The Following Grounds Of Appeal. 1. The Orders Of The Assessing Officer & The First Appellate Authority Are Contrary To Law. 2. The Denial Of Exemption Under Section 11 To The Extent Of :- 2 -: Rs.16,60,000/- Is Contrary To Law When The Appellant Had Filed Form 10 Along With The Necessary Resolution For Accumulation Of Income. 3. The Denial Of Exemption By The First Appellate Authority On The Grounds That The Audit Report In Form 1Ob Was Incomplete Is Erroneous & In Any Case The Appellant Ought To Have Been Given An Opportunity To Rebut & Explain The Incompleteness. 4. The Appellant Craves Leave To Raise Additional Grounds.”

For Appellant: Shri P. Ravichandran, CAFor Respondent: Shri N. Sanjay Gandhi, JCIT
Section 11Section 11(1)Section 11(2)Section 12ASection 143(1)Section 143(1)(a)Section 250

extent of :- 2 -: Rs.16,60,000/- is contrary to law when the Appellant had filed Form 10 along with the necessary resolution for accumulation of income. 3. The denial of exemption by the First Appellate Authority on the grounds that the Audit Report in Form 1OB was incomplete is erroneous ... Amount entered in the income tax return” 4. In reply to the above, the assessee has submitted that it has exercised option to accumulate its income u/s.11(2) of the Act and has submitted Form-10 on 02.02.2022 and also submitted that accumulated amount of Rs.16,60,000/- was wrongly

Deputy Commissioner (Exemptions), Chennai, Income Tax vs. Hindustan Institute of Technology and Science, Chennai

ITA 611/CHNY/2024[2009-10]Status: DisposedITAT Chennai04 Sept 2024AY 2009-10

Bench: Shri Manu Kumar Giri & Shri S.R. Raghunathaआयकर अपील सं./Ita No. 611/Chny/2024 निर्धारण वर्ष / Assessment Year: 2009-10 The Dy. Commissioner Of Vs. Income Tax (Exemptions), Chennai. Hindustan Institute Of Technology & Science, 40, Gst Road, St Thomas Mount, Chennai - 600 016. (अपीलार्थी/Appellant) [Pan: Aaath-6508-A] (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से / Assessee By Shri R. Venkatesh, C.A प्रत्यर्थी की ओर से /Revenue By Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/Date Of Hearing 26.06.2024 घोषणा की तारीख / Date Of 04.09.2024 Pronouncement आदेश / Order 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- 24/1059507197(1), Dated 09.01.2024. The Assessment Was Framed By The Dy. Commissioner Of Income Tax (Exemptions), Chennai For The

Section 11Section 12ASection 139(1)Section 143(3)Section 148Section 3(1)

return of income and appreciation of the conditions for the claim of exemption u/s.11 of the IT Act, 1961. After considering the accumulation of income based upon the Form 10 filed along with annexure to the extent of Rs.2,24,00,000/- the Ld. AO clearly gives the findings ... completed Assessment on 31/03/2015 by bringing to tax income of Rs.4,23,54,535/- on account of the following: a) Not allowing the accumulation of income claimed in Form No.10 set apart U/s.11(2) of the Income Tax Act alleging accumulation not specified. Rs.2,24,00,000 b) Shortfall