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“section 115BBC”

Charitable TrustsSection 115BBCSection 115BBC150 judgments

The decision most relied on for section 115BBC is S.R.M.M.C.T.M Tiruppani Trust v. CIT (230 ITR 636), cited in 54 judgments on BharatTax.

Leading authorities on section 115BBC

S.R.M.M.C.T.M Tiruppani Trust v. CIT
230 ITR 636 · 1998 · Supreme Court
54
citing judgments

Capital expenditure incurred by a trust from its own funds is considered an application of income, entitling the trust to claim exemption under Section 11(1) of the Income-tax Act.

L. Hazarimal Kuthalia v. ITO
41 ITR 12 · 1961 · Supreme Court
47
citing judgments

The exercise of a power must be referable to a jurisdiction that validates it, not one that would render it nugatory. Provisions concerning the machinery for assessment must be interpreted to make the tax charge effective.

IT v. Andhra Pradesh Road Transport Corporation (1986) 159 ITR 1 (SC), Thiagrajan Charities v. Addl. CIT
225 ITR 1010 · 1997 · Supreme Court
39
citing judgments

For funds to be considered part of a charitable activity, the predominant object of the institution must be charitable, not profit-making. Any surplus generated must be redeployed in charitable activities.

Welham Boys' School Society v. CBDT
285 ITR 74 · 2006 · High Court
36
citing judgments

An order passed by the CIT under Section 12A of the Income Tax Act is quasi-judicial. Until October 1, 2004, there was no express provision in the Act for the CIT to cancel a registration certificate once granted.

CIT v. Halai Namon Association (
330 ITR 24 · 2011 · High Court
33
citing judgments

Profits generated from activities for the advancement of a general public utility (GPU) do not automatically qualify for exemption under Section 11 if the GPU is carried on as a business. Even if business profits are reinvested into charitable activities, the exemption under Section 11 will not be available.

Director of Income-tax v. Garden City Educational Trust
330 ITR 480 · 2011 · High Court
26
citing judgments

A trust with education as an object, which qualifies as a charitable purpose under section 2(15), should be accepted as having a charitable purpose. The grant of registration under section 12A is applicable when a trust has education as an object.

CIT v. Surya Educational & Charitable Trust
15 Taxmann.com 123 · 2011 · High Court
26
citing judgments

At the stage of registration under Section 12AA, the extent and nature of activities are not required to be examined; this is to be examined during assessment proceedings.

Isha Beevi v. TRO
101 ITR 449 · 1975 · Supreme Court
25
citing judgments

An error in mentioning the specific sub-section of a law, or referencing a wrong section, does not invalidate an action if the authority otherwise possesses the power to take that action.

Judgments citing section 115BBC

Ameenamma Charitble Trust, Anantapur vs. ITO, (Exemption) Ward-Tirupati, Tirupati

In the result, appeal filed by the assessee Trust is partly allowed in terms of our aforesaid observations

ITA 1841/HYD/2025[2016-17]Status: DisposedITAT Hyderabad20 Feb 2026AY 2016-17

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.1841/Hyd/2025 (िनधा"रण वष"/Assessment Year:2016-17) Ameenamma Charitable Vs. Income Tax Officer Trust, (Exemption) Ward – Anantapur. Tirupati. Pan: Aaeta7403P (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Ka Sai Prasad, Ca राज" व "ारा/Revenue By: Shri K Vamsi Krishna, Sr.Ar सुनवाई की तारीख/Date Of Hearing: 04/02/2026 घोषणा की तारीख/Date Of 20/02/2026 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Trust Is Directed Against The Order Passed By The Additional/Joint Commissioner Of Income Tax (Appeals)-1, Chennai, Dated 03/10/2025, Which In Turn Arises From The Order Passed By The Income Tax Officer, Exemption Ward, Tirupati (For Short, “Ao”) Under Section 143(3) Of The Income Tax Act, 1961 (For Short, “The Act”), Dated 14/12/2018 For The Assessment Year (Ay) 2016-17. The Assessee Has Assailed The Impugned Order Of The Cit(A) On The Following Grounds Of Appeal:

For Appellant: Shri KA Sai Prasad, CAFor Respondent: Shri K Vamsi Krishna, Sr.AR
Section 11Section 11(1)Section 11(2)Section 115BSection 12ASection 13(9)Section 139(1)Section 143(2)Section 143(3)Section 250

donation and the name of the donor, therefore, the AO held the amount of donations of Rs.11,78,000/- as anonymous donations as per section 115BBC of the Act for the following reasons: i) “The provisions of sub-section (3) to section 115BBC holds that the anonymous donation means ... consideration. ii) The assessee is a Trust claiming exemption u/s 11 of the IT Act which would fall under the ambit of provisions of section 115BBC(1) of the Act. iii) It is noticed from the information submitted that the objects and the activities of the Trust are purely charitable

Deputy Commissioner of Income Tax, Central Circle-2(1), Chennai vs. Sri Muthukumaran Educational Trust, Chennai

In the result, the appeal of the Revenue as well as the cross objection of the assessee are dismissed

ITA 1263/CHNY/2025[2014-15]Status: DisposedITAT Chennai19 Jan 2026AY 2014-15

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunathaआयकर अपील सं./Ita No.: 1263/Chny/2025 & C.O.No.64/Chny/2025 (In Ita No.: 1263/Chny/2025) िनधा#रण वष# / Assessment Year: 2014-15 Dcit, Sri Muthukumaran Educational Trust, Central Circle -2 (1), Vs. 641/61, Ramasamy Salai, Chennai. K. K. Nagar, Chennai – 600 078. [Pan: Aabts-6980-L] (अपीलाथ%/Appellant) (&'थ%/Respondent/ Cross Objector ) Assessee By : Shri. R. Venkata Raman, C.A. Department By : Mr. Bipin C.N., C.I.T. & Ms. R. Anita, Addl. C.I.T. सुनवाई की तारीख/Date Of Hearing : 29.10.2025 घोषणा की तारीख/Date Of Pronouncement : 19.01.2026 आदेश /O R D E R

For Appellant: Shri. R. Venkata Raman, C.AFor Respondent: Mr. Bipin C.N., C.I.T. &
Section 115BSection 143(3)

learned Commissioner of Income Tax (Appeals) is erroneous on facts and in law. 2. The Ld.CIT(A) has wrongly understood the provisions of section 115BBC & given relief to the assessee by observing that, “Thus, out of the amount of Rs.27,18,43,000/- sum of Rs.11,71,980/- requires ... represented anonymous donations received by the assessee and subsequently deposited into the respective bank accounts. Holding the same to fall within the ambit of section 115BBC of the Act, the AO treated the entire sum of Rs.27,18,43,000/- as anonymous donations and brought the same to tax accordingly