← All Phrases

“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