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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

Dy Commissioner of Income Tax, Central Circle-5(3), Mumbai-400021 vs. Board of Examination for Seafares Trust, Navi Mumbai

In the result, the appeal filed by the revenue stands dismissed

ITA 1163/MUM/2022[2017-18]Status: DisposedITAT Mumbai08 Aug 2022AY 2017-18

Bench: Shri Amit Shukla, Jm & Shri Amarjit Singh, Am आयकरअपीलसं./ I.T.A. No. 1163/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2017-18) Board Of Examination Dcit-Cc – 5(3), For Seafarers Trust R. No. 1906, 19Th Floor, Air बिधम/ Plot 94, Imei House, India Building, Nariman Vs. Sector 19, Nerul, Navi Point, Mumbai-400 021 Mumbai-400 706 स्थायीलेखासं./जीआइआरसं./ Pan No. Aabtb1052C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Chetan M. Kacha, Ld. Dr प्रत्यथीकीओरसे/Respondent By : Shri Karthik Natarajan, Ld. Ar सुनवाईकीतारीख/ : 08.08.2022 Date Of Hearing घोषणाकीतारीख / : 08.08.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against The Impugned Order Dated 24.12.2021, Passed By Ld. Cit(A)-53, Mumbai For The Quantum Of Assessment Passed U/S 143(3) For Ay 2017-18. The Revenue Has Taken The Following Grounds Of Appeal:-

For Appellant: Shri Chetan M. KachaFor Respondent: Shri Karthik Natarajan
Section 11(1)Section 11(2)Section 12ASection 143(3)

held that for claiming exemption u/s 11(2); (i) the Trustees should have a specific purpose in mind which will require accumulation of income to be spent over a long period; (ii) such specific purpose for which the accumulation is done is to be decided by the trustees in their

The Nab Workshop for the Blind, Mumbai vs. DCIT(CPC), Banglore, Bangalore

In the result, the appeal filed by the assessee is allowed

ITA 1646/MUM/2020[2016-17]Status: DisposedITAT Mumbai09 Jun 2022AY 2016-17

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyalthe Nab Workshop For Vs. Dcit (Cpc) The Blind, 4Th Floor, Piramal Dr. Annie Besant Road, Chambers, Parel, Worli, Mumbai-400012. Mumbai – 400 030. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatt3397F Appellant .. Respondent Appellant By : Shri. Gautam Nayak.Ar Respondent By : Shri. Pramod Nikalje.Dr Date Of Hearing 14.06.2022 Date Of Pronouncement 20.06.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeal)-1,Mumbai Passed U/S 143(1) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri. Gautam Nayak.ARFor Respondent: Shri. Pramod Nikalje.DR
Section 11(2)Section 11(3)Section 143(1)

intimation u/s 143(1) of the Act. The Ld AR submitted that the assessee has been complying with the guidelines on accumulation of income from the earlier years. The Ld. AR referred to the page 1 of the paper book, where the computation of income disclosing the total income ... Mumbai return of income filed at page 2 to 19 of the paper book in particular, the assessee has disclosed this fact of accumulation of income and the set off at Part- B, T-1 of the return of income- ITR 7 filed. The assessee has disclosed the facts