← All Phrases

“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

Manas, Kolkata vs. I.T.O., Ward - 1(4), Kolkata

In the result, all the captioned appeals of the assessee are allowed for statistical purposes

ITA 1357/KOL/2024[2022-2023]Status: DisposedITAT Kolkata04 Dec 2024AY 2022-2023

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.1354 To 1357/Kol/2024 Assessment Years: 2018-19, 2019-20, 2020-21, 2022-23 Manas……….…….… ……….. ……..……………………....Appellant 14, Rbi Green Wood Nook, 369/2, Purbachal, Kalitala Road, Kolkata – 700078. [Pan: Aabam3353Q] Vs. Ito, Ward-1(4), Exemption, Kolkata............................…..…..... Respondent Appearances By: Shri G. Banerjee, Fca, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 03, 2024 Date Of Pronouncing The Order : December 04, 2024 आदेश / Order Per Bench: The Above Captioned Appeals Filed By The Assessee Against The Order Of The Commissioner Of Income Tax, Appeal Addl/Jcit(A)-2, Jaipur [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Pertaining To Four Assessment Years I.E 2018-19, 2019-20, 2020-21 & 2022-23 Respectively. Since, The Issues Involved In All These Appeals Arise From Common Set Of Facts & Related To Same Party, Therefore, These Have Been Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience, Brevity & Clarity. Since The Grounds In All Appeals Are Identical, Except Change Of Figures, The First Appeal Being Ita No.1354/Kol/2024 For Assessment Year 2018-19 Is Taken As Lead Case.

Section 143(1)Section 250Section 250(6)

assessment year 2018-19, wherein, the Assessing Officer assessed the income of the assessee at Rs.720100/- as income by disallowing accumulation of income of Rs.720100/- as claimed by the assessee. The contention of the assessee was that the assessment was arbitrary and erroneous and without merit. 3. Dissatisfied with

Manas, Kolkata vs. I.T.O., Ward - 1(4), Exemption, Kolkata

In the result, all the captioned appeals of the assessee are allowed for statistical purposes

ITA 1356/KOL/2024[2020-2021]Status: DisposedITAT Kolkata04 Dec 2024AY 2020-2021

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.1354 To 1357/Kol/2024 Assessment Years: 2018-19, 2019-20, 2020-21, 2022-23 Manas……….…….… ……….. ……..……………………....Appellant 14, Rbi Green Wood Nook, 369/2, Purbachal, Kalitala Road, Kolkata – 700078. [Pan: Aabam3353Q] Vs. Ito, Ward-1(4), Exemption, Kolkata............................…..…..... Respondent Appearances By: Shri G. Banerjee, Fca, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 03, 2024 Date Of Pronouncing The Order : December 04, 2024 आदेश / Order Per Bench: The Above Captioned Appeals Filed By The Assessee Against The Order Of The Commissioner Of Income Tax, Appeal Addl/Jcit(A)-2, Jaipur [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Pertaining To Four Assessment Years I.E 2018-19, 2019-20, 2020-21 & 2022-23 Respectively. Since, The Issues Involved In All These Appeals Arise From Common Set Of Facts & Related To Same Party, Therefore, These Have Been Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience, Brevity & Clarity. Since The Grounds In All Appeals Are Identical, Except Change Of Figures, The First Appeal Being Ita No.1354/Kol/2024 For Assessment Year 2018-19 Is Taken As Lead Case.

Section 143(1)Section 250Section 250(6)

assessment year 2018-19, wherein, the Assessing Officer assessed the income of the assessee at Rs.720100/- as income by disallowing accumulation of income of Rs.720100/- as claimed by the assessee. The contention of the assessee was that the assessment was arbitrary and erroneous and without merit. 3. Dissatisfied with

Manas, Kolkata vs. I.T.O., Ward - 1(4), Kolkata

In the result, all the captioned appeals of the assessee are allowed for statistical purposes

ITA 1355/KOL/2024[2019-2020]Status: DisposedITAT Kolkata04 Dec 2024AY 2019-2020

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.1354 To 1357/Kol/2024 Assessment Years: 2018-19, 2019-20, 2020-21, 2022-23 Manas……….…….… ……….. ……..……………………....Appellant 14, Rbi Green Wood Nook, 369/2, Purbachal, Kalitala Road, Kolkata – 700078. [Pan: Aabam3353Q] Vs. Ito, Ward-1(4), Exemption, Kolkata............................…..…..... Respondent Appearances By: Shri G. Banerjee, Fca, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 03, 2024 Date Of Pronouncing The Order : December 04, 2024 आदेश / Order Per Bench: The Above Captioned Appeals Filed By The Assessee Against The Order Of The Commissioner Of Income Tax, Appeal Addl/Jcit(A)-2, Jaipur [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Pertaining To Four Assessment Years I.E 2018-19, 2019-20, 2020-21 & 2022-23 Respectively. Since, The Issues Involved In All These Appeals Arise From Common Set Of Facts & Related To Same Party, Therefore, These Have Been Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience, Brevity & Clarity. Since The Grounds In All Appeals Are Identical, Except Change Of Figures, The First Appeal Being Ita No.1354/Kol/2024 For Assessment Year 2018-19 Is Taken As Lead Case.

Section 143(1)Section 250Section 250(6)

assessment year 2018-19, wherein, the Assessing Officer assessed the income of the assessee at Rs.720100/- as income by disallowing accumulation of income of Rs.720100/- as claimed by the assessee. The contention of the assessee was that the assessment was arbitrary and erroneous and without merit. 3. Dissatisfied with

Manas, Kolkata vs. I.T.O., Ward - 1(4), Exemption, Kolkata

In the result, all the captioned appeals of the assessee are allowed for statistical purposes

ITA 1354/KOL/2024[2018-2019]Status: DisposedITAT Kolkata04 Dec 2024AY 2018-2019

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.1354 To 1357/Kol/2024 Assessment Years: 2018-19, 2019-20, 2020-21, 2022-23 Manas……….…….… ……….. ……..……………………....Appellant 14, Rbi Green Wood Nook, 369/2, Purbachal, Kalitala Road, Kolkata – 700078. [Pan: Aabam3353Q] Vs. Ito, Ward-1(4), Exemption, Kolkata............................…..…..... Respondent Appearances By: Shri G. Banerjee, Fca, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 03, 2024 Date Of Pronouncing The Order : December 04, 2024 आदेश / Order Per Bench: The Above Captioned Appeals Filed By The Assessee Against The Order Of The Commissioner Of Income Tax, Appeal Addl/Jcit(A)-2, Jaipur [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Pertaining To Four Assessment Years I.E 2018-19, 2019-20, 2020-21 & 2022-23 Respectively. Since, The Issues Involved In All These Appeals Arise From Common Set Of Facts & Related To Same Party, Therefore, These Have Been Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience, Brevity & Clarity. Since The Grounds In All Appeals Are Identical, Except Change Of Figures, The First Appeal Being Ita No.1354/Kol/2024 For Assessment Year 2018-19 Is Taken As Lead Case.

Section 143(1)Section 250Section 250(6)

assessment year 2018-19, wherein, the Assessing Officer assessed the income of the assessee at Rs.720100/- as income by disallowing accumulation of income of Rs.720100/- as claimed by the assessee. The contention of the assessee was that the assessment was arbitrary and erroneous and without merit. 3. Dissatisfied with