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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

Sheila Gopal Foundation, Mumbai vs. Deputy Commissioner of Income Tax Exemption Circle 2, Mumbai

Appeals are allowed in part and Revenue’s appeals are dismissed

ITA 3155/MUM/2025[2018-19]Status: DisposedITAT Mumbai28 Aug 2025AY 2018-19

Bench: Shri Saktijit Dey, Vp & Shri Narendra Kumar Billaiya, Am

For Appellant: Adv. Sanjay Sawant and Adv. Sanjeev ShahFor Respondent: Ms. Kavita P. Kaushik
Section 11Section 13(1)(c)Section 13(2)(a)Section 234

Appellant. 8. The Id. CIT(A) erred in holding that ground 1(e) in Form no 35 challenging the denial of 15% accumulation of income had become infructuous. 9. On the facts and in the circumstances of the case and in law, the Id. CIT(A) ought to have held

Public Education Society, Bangalore vs. Income Tax Officer, Exemptions Ward 2, Bangalore

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

ITA 1102/BANG/2025[2023-24]Status: DisposedITAT Bangalore26 Aug 2025AY 2023-24

Bench: Shri Prashant Maharishi & Shri Soundararajan K.Assessment Year: 2023-24

For Appellant: Shri Prathik, CAFor Respondent: Shri Thamba Mahendra, Jt.CIT (DR)(ITAT), Bengaluru
Section 11Section 12A(1)(b)Section 143(1)

income as well as application in Form 10A, 10AC & 10B are filed. The assessee also submitted Form ITR-7. According to the assessee, accumulation of income to the extent of 15% should have been granted to the assessee by the CPC. It was also stated that

Income Tax Officer..E..1..2..Mumbai, Mumbai vs. Christ Church Byculla, Mumbai

In the result, the appeal by the Revenue is dismissed

ITA 4392/MUM/2025[2018-19]Status: DisposedITAT Mumbai26 Aug 2025AY 2018-19

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhail

For Appellant: Shri Nitesh JoshiFor Respondent: Ms. Virabhadra S. Mahajan, Sr.DR
Section 11(3)Section 142(1)Section 143(2)Section 250

assessee is a public trust formed on 14/08/1933. The return filed by the assessee was selected for complete scrutiny for the reason “accumulation of income by the trust”. Accordingly, statutory notices under section 143(2) and section 142(1) of the Act were issued and served on the assessee. During

Tata Education Trust, Mumbai vs. Assistant Commissioner of Income Tax 17(3), Mumbai

In the result, appeal of the assessee in ITA No

ITA 4413/MUM/2024[2009-10]Status: DisposedITAT Mumbai25 Aug 2025AY 2009-10

Bench: Shri Amit Shukla & Shri Girish Agrawal

For Appellant: Shri P.J. Pardiwala, Advocate a/wFor Respondent: Shri Ritesh Misra, CIT DR
Section 10Section 10(34)Section 11Section 13(1)(d)Section 13(2)(h)Section 143(3)Section 147Section 148Section 154Section 164(2)

assessee in its computation which was done before ascertaining the actual expenditure for the year. According to him, this has resulted in irregular accumulation of income where there was no surplus available. The other issue noted by the ld. AO in the reasons to believe is in respect of assessee ... extent of 15% of income is statutorily permitted u/s. 11 (1)(a). This accumulation is unconditional and is different from the accumulation of income as provided u/s. 11(2). According to the assessee, as long as it has spent at least 85% of the income, the balance is allowed

Tata Education Trust, Mumbai vs. Deputy Commissioner of Income Tax (Exemption) Circle 2(1), Mumbai

In the result, appeal of the assessee in ITA No

ITA 4055/MUM/2024[2009-10]Status: DisposedITAT Mumbai25 Aug 2025AY 2009-10

Bench: Shri Amit Shukla & Shri Girish Agrawal

For Appellant: Shri P.J. Pardiwala, Advocate a/wFor Respondent: Shri Ritesh Misra, CIT DR
Section 10Section 10(34)Section 11Section 13(1)(d)Section 13(2)(h)Section 143(3)Section 147Section 148Section 154Section 164(2)

assessee in its computation which was done before ascertaining the actual expenditure for the year. According to him, this has resulted in irregular accumulation of income where there was no surplus available. The other issue noted by the ld. AO in the reasons to believe is in respect of assessee ... extent of 15% of income is statutorily permitted u/s. 11 (1)(a). This accumulation is unconditional and is different from the accumulation of income as provided u/s. 11(2). According to the assessee, as long as it has spent at least 85% of the income, the balance is allowed

Assitant Commissioner of Income Tax, Kautilya Bhavan Bandra Mumbai vs. Tata Education Trust, Mumbai

In the result, appeal of the assessee in ITA No

ITA 4030/MUM/2024[2009-10]Status: DisposedITAT Mumbai25 Aug 2025AY 2009-10

Bench: Shri Amit Shukla & Shri Girish Agrawal

For Appellant: Shri P.J. Pardiwala, Advocate a/wFor Respondent: Shri Ritesh Misra, CIT DR
Section 10Section 10(34)Section 11Section 13(1)(d)Section 13(2)(h)Section 143(3)Section 147Section 148Section 154Section 164(2)

assessee in its computation which was done before ascertaining the actual expenditure for the year. According to him, this has resulted in irregular accumulation of income where there was no surplus available. The other issue noted by the ld. AO in the reasons to believe is in respect of assessee ... extent of 15% of income is statutorily permitted u/s. 11 (1)(a). This accumulation is unconditional and is different from the accumulation of income as provided u/s. 11(2). According to the assessee, as long as it has spent at least 85% of the income, the balance is allowed

Mac Charities, Chennai vs. Commissioner of Income Tax (Appeals), New Delhi

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

ITA 2950/CHNY/2024[2020-21]Status: DisposedITAT Chennai19 Aug 2025AY 2020-21

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita No.2950/Chny/2024 िनधा9रण वष9 /Assessment Year: 2020-21 Mac Charities, The Income Tax Officer, Mac Ich Building, Vhs Campus, Vs. Dlc-Ca-(201)(1), Ttti Post, Tharamani, Chennai. Chennai – 600 113. [Pan: Aaatm 0483F]

For Appellant: Shri R.Vijayaraghavan, AdvocateFor Respondent: Shri E.Pavuna Sundari, CIT
Section 11Section 11(5)Section 12ASection 133(6)Section 142(1)Section 143(3)Section 1lSection 2(15)

purpose of funding towards infrastructure and MAC Charities :- 3 -: building and issued notice u/s. 142(1) of the Act to verify the accumulation of income for further use of Rs. 4.79 Crores, but the assessee has not properly responded to the notice. The A.O, therefore considered the application of income

Lala Gauri Mal Butail Trust, Palampur vs. Income Tax Officer (E), Solan

The appeal stand allowed

ITA 1102/CHANDI/2024[2016-17]Status: DisposedITAT Chandigarh18 Aug 2025AY 2016-17

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./ Ita No.1102/Chandi/2024 (िनधा"रण वष" / Assessment Year: 2016-17) Lala Gauri Mal Butail Trust Ito-Exemptions Ward बनाम/ Vs. C/O Bundla Tea State, Po Bundla Solan (Hp) Tehsil Palampur H.P. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaatl-3208-R (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Shri Sudhir Sehgal (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Vivek Vardhan (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 05-08-2025 घोषणाकीतारीख /Date Of Pronouncement : 18-08-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2016-17 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 11-09-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) R.W.S. 254 R.W.S. 144B Of The Act On 11-01-2022. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: Shri Sudhir Sehgal (CA) – Ld. ARFor Respondent: Sh. Vivek Vardhan (Addl. CIT) – Ld. Sr. DR
Section 11(2)Section 143(3)

rival submissions and upon perusal of case records, the appeal is disposed-off as under. 2. The assessee-trust filed Form No.10B claiming accumulation of income u/s 11(2) for Rs.5.14 Lacs. The Ld. AO noted shortfall of Rs.56,947/- in the application of income and brought the same

Sarvajanik Kelavni Mandal, Surat vs. The DDIT, CPC, Bengaluru Juris.AO the Dy.CIT, Circle-2, Exemption Ward, Ahmedabad

In the result, appeal of the assessee stands allowed

ITA 491/AHD/2025[2019-20]Status: DisposedITAT Ahmedabad18 Aug 2025AY 2019-20

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita No.491/Ahd/2025 िनधा"रण वष" /Assessment Year : 2019-20 Sarvajanik Kelavani Mandal The Ddit, Cpc, Bengaluru बनाम/ Amroli Station Utran Juris.Ao The Dy.Cit, V/S. Choryasi Circle-2, Exemption Ward Surat – 394 107 Ahmedabad – 380 015 (Gujarat) "थायी लेखा सं./Pan: Aabts 4579 B (अपीलाथ'/ Appellant) (!( यथ'/ Respondent) Assessee By : Shri Sapnesh Sheth, Ca Revenue By : Shri Alpesh Parmar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 14/08/2025 घोषणा की तारीख /Date Of Pronouncement: 18/08/2025 आदेश/O R D E R Per Sanjay Garg:

For Appellant: Shri Sapnesh Sheth, CAFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 11Section 12ASection 12A(1)(b)Section 139(1)Section 143(1)Section 44A

huge addition by disallowing the amount of Rs.8,46,07,149/- claimed as application of income and by disallowing Rs.40,99,536/- as accumulation of income on the ground that audit report in Form 10B has been uploaded belatedly. 2. It is therefore prayed that above addition made by assessing

Gifts Trust, Villupuram vs. ITO, Ward-1, Villupuram

In the result, appeal filed by the assessee is allowed

ITA 170/CHNY/2025[2021-22]Status: DisposedITAT Chennai14 Aug 2025AY 2021-22

Bench: Shri Aby T. Varkey & Shri Jagadish

For Appellant: Mr.H. Yeshwanth Kumar, CAFor Respondent: Ms.R. Anita, Addl.CIT
Section 11Section 139(1)Section 143(1)

SPIC Educational Foundation [TCA No.1593 of 2008 dated 12.12.2018], wherein, the Hon’ble High Court has held that Filing of Form 10 [for accumulation of income u/s.11(2) of the Act] which was filed beyond due date couldn’t disentitle the Trust from exemption claimed u/s.11 of the Gifts Trust

St. Thomas Church, Mumbai vs. ITO Exemption Ward 2(4), Mumbai

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

ITA 296/MUM/2025[2022-23]Status: DisposedITAT Mumbai14 Aug 2025AY 2022-23

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 296/Mum/2025 (नििाारण वर्ा / Assessment Year: 2022-23) St Thomas Church V/S. Income Tax Officer 1, Church Road, बिाम (Exemptions) Ward 2(4), Goregaon (East), Mumbai Mumbai 400063 6Th Floor, Cumballa Hill, Mtnl Te Building, Pedder Road, Mumbai 400026. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaatt4878R Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Ms. Vasanti Patel-Adv राजस्व की ओर से /Revenue By: Shri Hemanshu Joshi, Cit Dr

For Appellant: Ms. Vasanti Patel-AdvFor Respondent: Shri Hemanshu Joshi, CIT DR
Section 11Section 11(2)Section 12A(1)(ac)Section 12A(1)(b)Section 143(1)Section 250

appellant has also raised ground of appeal that the entire receipts instead of income over expenditure was taxed and that the benefit of accumulation of income for application in a subsequent year u/s 11(2) of the Act was also denied. In this regard, it is to be stated that

ITO(E)-1(1), Mumbai vs. Basilica of Our Lady of the Mount, Mumbai

In the result, the appeal of the revenue bearing ITA No

ITA 2927/MUM/2025[2023]Status: DisposedITAT Mumbai13 Aug 2025

Bench: Shri Anikesh Banerjee & Shri Omkareshwar Chidara

For Appellant: Ms. Vasanti PatelFor Respondent: Shri Leyaqat Ali Aafaqui, Sr. Ar
Section 11Section 11(2)Section 11(3)Section 139(1)Section 143(1)Section 250

stated that under section 11(3) of the Act for this impugned assessment year as being the sixth year of Accumulation for accumulation of income under section 11(2) of the Act. The aggrieved assessee filed an appeal before the Ld.CIT(A). The Ld.CIT(A) considering the submission ... reproduced below:- “12. We have heard the rival contentions and perused the material available on record. The issue under consideration relates to accumulation of income relating to FY. 2016-17 and FY. 2017-18 which could not be utilized in the respective financial years and accumulated for utilization

Income Tax Officer (Exemption), Lucknow vs. Uttar Pradesh Police and Armed Forces Sahayata Sansthan, Lucknow

The appeal of the Department stands dismissed

ITA 516/LKW/2018[2013-14]Status: DisposedITAT Lucknow08 Aug 2025AY 2013-14

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2013-14 The Income Tax Officer V. Uttar Pradesh Police & Armed (Exemption) Forces Sahayata Sansthan Lucknow Room No.6, Naveen Bhawan U.P. Sachivalaya, Lucknow Tan/Pan:Aaatr4272K (Appellant) (Respondent) Appellant By: Shri Sunil Kumar Rajwanshi, D.R. Respondent By: Shri B. P. Yadav, Advocate O R D E R

For Appellant: Shri Sunil Kumar Rajwanshi, D.RFor Respondent: Shri B. P. Yadav, Advocate

Page 6 of 11 Ld. A.R. submitted that while filing the return of income, the details of utilization of income as well as accumulation of income were also furnished before the AO. The Ld. A.R. also submitted that while preparing the computation sheet of income to be enclosed with Form ... restricted to Rs.2,90,97,875/-, then also no addition could be made in this regard. The Ld. A.R. submitted that if the accumulation of income made in the previous year gets expired during the current year, the same could be subject matter of addition during the current year

Ap Pollution Control Board, Vijayawada vs. Deputy Commissioner of Income Tax, Exemption Circle, Vijayawada

In the result, appeal filed by the assessee is allowed

ITA 298/VIZ/2025[2021-22]Status: DisposedITAT Visakhapatnam06 Aug 2025AY 2021-22

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita No.298/Viz/2025 (िनधा"रण वष"/Assessme298Nt Year: 2021-22) Andhra Pradesh Pollution Vs. Dy. Cit Control Board, (Exemption Circle) Vijayawada Vijayawada Pan:Aaaja1610Q (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Satyanarayana Murthy, Ca राज" व "ारा/Revenue By:: Dr. Satyasai Rath, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 30/07/2025 घोषणा की तारीख/Pronouncement: 06/08/2025 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Assessee Is Directed Against The Revision Order Dated 11/03/2025 Of The Learned Cit (Exemptions), Passed U/S 263 Of The Act For The A.Y.2021-22. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Satyanarayana Murthy, CAFor Respondent: : Dr. Satyasai Rath, CIT(DR)
Section 10Section 10(46)Section 11(2)Section 142(1)Section 143(3)Section 263

learned Counsel for the assessee has submitted that once the notification issued u/s 10(46) applied for the year under consideration, then the accumulation of income even if it is not applied within the prescribed limit u/s 10(23)(vi) is not taxable as all receipts in the income ... Vijayawada 4. On the other hand, the learned DR has submitted that the assessee has not disputed the fact that there was an accumulation of income during the financial year 2015-16, out of which a sum of Rs.3,86,62,546/- remained unutilized even after the expiry

Shri Kutch Visa Oswal Jain Derawasi Sangh Bidada, Mandvi vs. The ITO Exemption, Ward (1), Rajkot.

In the result, the appeal of the assessee is allowed for statistical purposes, in above terms

ITA 160/RJT/2025[2017-18]Status: DisposedITAT Rajkot04 Aug 2025AY 2017-18

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 160/Rjt/2025 ("नधा"रणवष" / Assessment Year: (2017-18) (Hybrid Hearing) Shri Kutch Visa Oswal Jain Derawasi The Ito Exemption, Ward (1), Vs. Sangh Bidada, P.O. Bidada, Rajkot. New Aayakar Bhavan, Race Mandvi 370435 Course Ring Road, Rajkot 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabts0457L (Appellant) (Respondent)

For Appellant: Shri D. M. Rindani, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. (DR)
Section 11Section 11(2)Section 143(1)Section 143(1)(a)Section 154

made by the Learned Assessing Officer (DCIT, CPC) in the income of the assessee on account of disallowance of accumulation of income under section 11(2) of the Act. The learned Assessing Officer has disallowed the claim of accumulation of income u/s 11(2) of the act because the Form ... even Audit Report in Form 10B filed on same day 24.07.2017 is also showing a claim of Rs. 15,00,000 as accumulation of income. As per the resolution passed by the Trustees also the original claim of Accumulation was Rs. 15 Lakhs (5 lakhs for Derasar Jirnodhar

St. Sebastians Church, Mumbai vs. Income Tax Officer Exemption Ward 2(3), Mumbai

In the result, the appeal filed by the assesse bearing

ITA 3398/MUM/2025[2023-24]Status: DisposedITAT Mumbai01 Aug 2025AY 2023-24

Bench: Shri Narendra Kumar Billaiya, Account Member & Shri Anikesh Banerjeest. Sebastians Church Vs Centralized Processing Center, Marouli Road, Marouli, Income-Tax Department, Chembur, Mumbai-400 074 Bengaluru / Income-Tax Officer Pan : Aaats0534R Exemption Ward 2(3), Mumbai 6Th Floor, Mtnl Te Building, Pedder Road, Mumbai-400 026 Appellant Respondent

For Appellant: Ms. Vasanti Patel – Advocate &For Respondent: Shri Swapnil Choudhary – Sr AR
Section 10Section 11Section 11(2)Section 12A(1)(b)Section 13(10)Section 143(1)Section 143(1)(a)Section 250

circular no.16/2023) 30th November 2023 6. Date of Filing Return of Income. D. Details of Filing Form 10 u/s 11(2) for Accumulation of Income 30th November 2023 7. Due Date of Filing of Form 10 29th November 2023” 8. Date of Filling of Form 10 The CPC rejected assessee

St Francis Xaviers Forane Church, Kannamali vs. Income Tax Officer(Exemptions), Ernakulam

In the result, appeal filed by the assessee is allowed

ITA 438/COCH/2025[2014-15]Status: DisposedITAT Cochin31 Jul 2025AY 2014-15

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2014-15 St. Francis Xaviers Forance Church, .......... Appellant Kandakadavu, Andikkadavu (Po), Kannamali, Kochi. [Pan: Aadts 3622 B] Vs. Ito (Exemptions), Ernakulam, Kochi .......... Respondent

For Appellant: Shri Anil Kumar P J, AdvocateFor Respondent: Smt. Leena La, Sr. DR
Section 11Section 11(2)Section 12ASection 139(1)Section 143(1)

submissions and perused the material on record. 7. The CPC while processing return of income had denied the claim of the assessee for accumulation of income u/s. 11(2) of the Act on the ground that prescribed form i.e. Form 10 was not filed within the due date prescribed

Silk Association of India, Kolkata vs. ITO, Ward 8(2), Kolkata

In the result, the appeal of the assessee is allowed

ITA 705/KOL/2025[2023-24]Status: DisposedITAT Kolkata30 Jul 2025AY 2023-24

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.705/Kol/2025 Assessment Year: 2023-24 Silk Association Of India……...……..…………………....Appellant C/O P K Himmatsinghka & Co. 41, B B Ganguly Street, 2Nd Floor, Kol-12. [Pan: Aaocs9213J] Vs. Ito, Ward-8(2), Kolkata…………………..………………….…..... Respondent Appearances By: Shri P. K. Himmatsinghka, Ar, Appeared On Behalf Of The Appellant. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 29, 2025 Date Of Pronouncing The Order : July 30, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 31.01.2025 Passed By The Cit, Appeal Addl/Jcit(A)-7, Mumbhai [In Short Cit(A)] Under Section 250 Of The Income-Tax Act, 1961. 2. Brief Facts Of The Case Ate That The Assessee’S Accounts Were Duly Audited For The Financial Year Ending On 31.03.2023. The Audit Report In Form 10B Was Signed On 01.09.2023 & The Unique Document Identification Number (Udin) Was Generated On 20.10.2023. However, Due To Unforeseen Technical Glitches, The Assessee Was Unable To Upload Form 10B On The E-Filing Portal Within The Prescribed Due Date Of 31.10.2023. The Form Was Eventually Uploaded On 16.11.2023, Resulting In A Delay Of 16 Days. The Return Of Income Under Section 139 Read With Section 139(4A) Of The Act Was Filed On 18.11.2023, Which Was Within The Extended Due Date Of 30.11.2023. Additionally, Form 10

Section 11Section 11(2)Section 139Section 143(1)Section 250

I.T.A. No.705/Kol/2025 Assessment Year: 2023-24 Silk Association of India under Section 11(2) of the act was filed on 17.10.2023, declaring accumulation of income amounting to ₹1,75,359. Despite these compliances, the return was processed under Section 143(1) of the Act by the CPC, disallowing exemption under

Bastuhara Sahayata Samiti, Kolkata vs. ITO, Ward 1(2)(Exemption), Kolkata

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

ITA 444/KOL/2025[2016-17]Status: DisposedITAT Kolkata28 Jul 2025AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 444/Kol/2025 Assessment Year: 2016-2017 Bastuhara Sahayata Samiti,……………….…Appellant 27/1B, Bidhan Sarani, Srimini Market, Kolkata-700006, West Bengal [Pan:Aaatb7422R] -Vs.- Income Tax Officer,……………………………..Respondent Ward-1(2), (Exemption), Kolkata, Office Of The Income Tax Officer, 10B, Middleton Row, Kolkata-700071 Appearances By: Shri S.K. Tulsian, Advocate & Ms. Puja Somani, C.A., Appeared On Behalf Of The Assessee Shri Somnath Das Biswas, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: May 20, 2025 Date Of Pronouncing The Order: July 28, 2025 O R D E R

Section 119(2)(b)Section 12ASection 142(1)Section 143(2)Section 143(3)

Rs.35,00,000/- in computing the income for the A.Y. 2016-17 erred in not having appreciated the undisputed fact that aforesaid accumulation of income u/s 11(2) of the Act stood applied in the immediately succeeding A.Y. 2017-18 for the objects and activities of the appellant-trust ... case of the appellant- samity and held that the assessee is entitled for deduction u/s 11(2) of the Act towards accumulation of income. 15. To sum up what has been stated above, the appellant- society took a resolution to raise corpus fund by way of donations for providing aids

Sai Jankalyan Education Sanstha, Mumbai vs. ITO Exem Ward 2(3), Mumbai

In the result, appeal of the assessee is allowed

ITA 3397/MUM/2025[2023-24]Status: DisposedITAT Mumbai25 Jul 2025AY 2023-24

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Anikesh Banerjee, Hon’Ble

For Appellant: Shri Haridas Bhat, A/RFor Respondent: Shri Swapnil Choudhary, Sr. D/R
Section 10Section 11Section 11(2)Section 115BSection 12ASection 143Section 143(1)Section 143(3)

previous year. However, if it is not able to apply 85% of its income during the previous year, it is allowed to accumulate such income for a period not exceeding 5 years as per the following provisions, namely: (I) sub-section (2) of section ... third proviso to clause (23C) of section 10 of the Act for trusts or institution under the first regime. ii) However, the accumulation of income, as per the provisions of sub-section (2) of section 11 of the Act is allowed subject to the fulfilment of certain conditions while there