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“Section 13(1)(d)(iii)”

Section References (mined)Section 13Section 13(1)(d)(iii)12 judgments

The decision most relied on for Section 13(1)(d)(iii) is CIT v. Tiny Tots Education Society (330 ITR 21), cited in 112 judgments on BharatTax.

Leading authorities on Section 13(1)(d)(iii)

CIT v. Tiny Tots Education Society
330 ITR 21 · 2011 · High Court
112
citing judgments

Charitable institutions are entitled to claim depreciation on assets even when the cost of acquisition has already been treated as an application of income for exemption purposes, as this does not constitute a double deduction.

H.E.H. Nizam’s Religious Endowment Trust v. CIT
59 ITR 582 · 1966 · Supreme Court
30
citing judgments

For income to be exempt under Section 11(1)(a) of the Income Tax Act, it must be 'actually applied' for charitable or religious purposes; notional expenditure does not qualify. The burden of proving exemption lies with the assessee.

Director of Income Tax (Exemption) v. Charanjiv Charitable Trust
267 CTR 305 · 2014 · High Court
19
citing judgments

A charitable trust cannot claim depreciation on an asset if its entire cost has already been allowed as a deduction by way of application of income.

Garden Finance Ltd. v. CIT (Asst.)
268 ITR 48 · 2004 · High Court
14
citing judgments

An assessee must first file preliminary objections with the Assessing Officer regarding a reassessment notice. The Assessing Officer must decide these objections by passing a speaking order before the assessee can approach the High Court.

Judgments citing Section 13(1)(d)(iii)

Ishwar Education and Charitable Trust, Pune vs. ITO, Exemption Ward 1(2), Pune

In the result, the appeal filed by the appellant trust is allowed

ITA 1479/PUN/2024[2015-2016]Status: DisposedITAT Pune19 Sept 2024AY 2015-2016

Bench: Shri Inturi Rama Raoआयकर अपील सं. / Ita No.1479/Pun/2024 "नधा"रण वष" / Assessment Year : 2015-16

For Appellant: Shri S.L. TareFor Respondent: Shri B.S.Rajpurohit
Section 11Section 12Section 12ASection 13Section 13(1)(d)Section 147Section 148ASection 164Section 164(2)Section 2

trust is required to deploy its funds. Section 13(1) lays down cases in which Section 11 shall not apply. Under Section 13(1)(d)(iii), it has been laid down that any share in a company, not being a Government company, held by the trust after November ... case of the AO that, portion of income which is not exempt had arisen on account of contravention of the provisions of section 13(1)(d)(iii) of the Act. The proviso inserted to sub-section (2) of section 164 has no application. Therefore, the income of the appellant trust

Sir Ratan Tata Trust, Mumbai Suburban vs. Additional /Joint/Deputy/Assistant Commissioner of Income Tax, NFAC, Mumbai

In the result, both the appeals of the assessee in both AY 2014-15 and AY

ITA 4156/MUM/2023[2018-19]Status: DisposedITAT Mumbai26 Aug 2024AY 2018-19

Bench: Ms Padmavathy S, Am & Shri Rahul Chaudhary, Jm

For Appellant: Shri P. J. Pardiwala a/wFor Respondent: Shri Sanyogita Nagpal, CIT-DR
Section 1Section 10(34)Section 11Section 11(5)Section 12ASection 13(1)(c)Section 13(1)(d)Section 13(2)(h)Section 2(15)

trust is required to deploy its funds. Section 13(1) lays down cases in which section 11 shall not apply. Under section 13(1)(d)(iii), it has been laid down that any share in a company, not being a Government company, held by the trust after

Sir Ratan Tata Trust, Mumbai Suburban vs. Deputy Commissioner of Income Tax (Exemption)-2(1), Mumbai

In the result, both the appeals of the assessee in both AY 2014-15 and AY

ITA 4154/MUM/2023[2014-15]Status: DisposedITAT Mumbai26 Aug 2024AY 2014-15

Bench: Ms Padmavathy S, Am & Shri Rahul Chaudhary, Jm

For Appellant: Shri P. J. Pardiwala a/wFor Respondent: Shri Sanyogita Nagpal, CIT-DR
Section 1Section 10(34)Section 11Section 11(5)Section 12ASection 13(1)(c)Section 13(1)(d)Section 13(2)(h)Section 2(15)

trust is required to deploy its funds. Section 13(1) lays down cases in which section 11 shall not apply. Under section 13(1)(d)(iii), it has been laid down that any share in a company, not being a Government company, held by the trust after

Om Kothari Foundation, Jaipur, Rajasthan vs. ITO, (Exemption) Ward-1, Jaipur, Rajasthan

In the result, the appeals of the assessee in ITA No

ITA 57/JPR/2024[2009-10]Status: DisposedITAT Jaipur04 Jun 2024AY 2009-10

Bench: SHRI SANDEEP GOSAIN (Judicial Member), DR MITHA LAL MEENA (Accountant Member)

For Appellant: Shri Anish Maheshwari, CAFor Respondent: Shri A.S. Nehra, Addl.CIT
Section 10Section 11Section 12ASection 13(1)Section 13(1)(d)Section 143(3)Section 147Section 164(2)

mode of investment within the provision of section 11(5) of the Income Tax Act, 1961 and it attracts the provision of section 13(1)(d)(iii). It is also noted that previously the assessment of the appellant for the assessment year ... Infra Project Ltd not an eligible asses within the meaning of provisions of section 11(5) as such it attracts provisions of section 13(1)(d)(iii) of the I.T. Act. Furthermore mere holding of shares in a company is sufficient to invoke provisions of section 13(1)(d)(iii

ACIT, Circle (Exemption), Jodhpur vs. M/S. Vidya Bhawan Society, Udaipur

In the result, the appeal filed by the Revenue is dismissed

ITA 325/JODH/2019[ 2014-15]Status: DisposedITAT Jodhpur24 Mar 2023

Bench: Shri Kul Bharatshri Manish Boradacit, Vs M/S. Vidya Bhawan Circle (Exemption), Society, Mohan Singh, Jodhpur Mehta Marg, Fatehpur, Udaipur (Raj.) (Appellant) (Respondent) Pan No. Assessee By Shri Amit Kothari, Ca Revenue By Shri S.M.Joshi, Jcit Dr Date Of Hearing 23/03/2023 Date Of 24/03/2023 Pronouncement O R D E R Per Kul Bharat, J.M.: The Present Appeal Filed By The Revenue For The Assessment Year 2014-15 Is Directed Against The Order Of Ld. Cit(A)-1, Udaipur Dated 27.06.2019. The Revenue Has Raised Following Grounds Of Appeal:-

Section 11Section 11(5)Section 13(1)(d)Section 143(1)Section 143(3)

without appreciating the fact that the assessee society has made investment amounting to Rs. 37,350/- and thus provisions of section 13(1)(d)(iii) r.w.s. 11(5) of the Income Tax Act, 1961 were clearly attracted in this case. 1 | P a g e 2) On the facts ... appreciating the fact that the assessee trust has violated the provisions of section 11(5) of the Act and therefore as per section 13(1)(d)(iii) of the Act, benefits of section 11 & 12 are not allowable. 3) On the facts and the circumstances of the case

M/S. Gopal Govardhan Goshala, Sanchore, Jalore vs. DCIT, Circle-Exemption, Jodhpur

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

ITA 189/JODH/2019[2014-15]Status: DisposedITAT Jodhpur20 Jan 2023AY 2014-15

Bench: Shri B. R. Baskaran & Dr. S. Seethalakshmim/S. Gopal Goverdhan Goshala Vs The Dcit Pathmeda, Taluka Sanchore, Circle-Exemption, District- Jalore (Raj) Jodhpur (Appellant) (Respondent) Pan No. Aaatg 0739 J

Section 11Section 11(2)(b)Section 11(5)Section 12ASection 13(1)Section 13(1)(d)Section 40Section 40A(3)

share capital of M/s. Prithivimeda Panchgavya Utpad Pvt Ltd. (for short ‘’PPUPL) as on 31-03-2014, which is in violation of Section 13(1)(d)(iii) of the Act. (b) The assessee has shown investment of Rs.56.00 lacs towards purchase of an agricultural land. It was noticed that

Dy.CIT (E) -2(1), Mumbai vs. Mumbai Educational Trust, Mumbai

ITA 1831/MUM/2022[2011-12]Status: DisposedITAT Mumbai30 Sept 2022AY 2011-12

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

For Appellant: Sh. Rajesh DharapFor Respondent: Ms. Achal Sharma CIT DR
Section 10Section 10(33)Section 11Section 13Section 143(3)Section 147Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND SHRI RAHUL CHAUDHARY, JM ITA

Dy.CIT (E) -2(1), Mumbai vs. Mumbai Educational Trust, Mumbai

ITA 1830/MUM/2022[2010-11]Status: DisposedITAT Mumbai30 Sept 2022AY 2010-11

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

For Appellant: Sh. Rajesh DharapFor Respondent: Ms. Achal Sharma CIT DR
Section 10Section 10(33)Section 11Section 13Section 143(3)Section 147Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND SHRI RAHUL CHAUDHARY, JM ITA

Dy.CIT (E) -2(1), Mumbai vs. Mumbai Educational Trust, Mumbai

ITA 1829/MUM/2022[2009-10]Status: DisposedITAT Mumbai30 Sept 2022AY 2009-10

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

For Appellant: Sh. Rajesh DharapFor Respondent: Ms. Achal Sharma CIT DR
Section 10Section 10(33)Section 11Section 13Section 143(3)Section 147Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND SHRI RAHUL CHAUDHARY, JM ITA

Dy.CIT (E) -2(1), Mumbai vs. Mumbai Educational Trust, Mumbai

ITA 1828/MUM/2022[2008-09]Status: DisposedITAT Mumbai30 Sept 2022AY 2008-09

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

For Appellant: Sh. Rajesh DharapFor Respondent: Ms. Achal Sharma CIT DR
Section 10Section 10(33)Section 11Section 13Section 143(3)Section 147Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND SHRI RAHUL CHAUDHARY, JM ITA

Sir Ratan Tata Trust, Mumbai vs. CIT (Exemption), Mumbai

ITA 773/MUM/2021[2016-17]Status: DisposedITAT Mumbai16 Feb 2022AY 2016-17

Bench: Shri G. S. Pannu & Shri Vikas Awasthyआअसं. 773/मुं/2021 (िन.व.2016-17) Sir Ratan Tata Trust, Bombay House, 24, Homi Modi Street, Fort, Mumbai-400001. Pan: Aaats1013P ...... अपीलाथ" /Appellant बनाम Vs. Cit (Exemptions), Room No.617, 6Th Floor, Piramal Chambers, Lalbaug, Parel, Mumbai-400012 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Sh. Sukhsagar Syal, Advocate "ितवादी "ारा/Respondent By : Sh. Amol Kirtane, Cit-Dr सुनवाई की ितिथ/ Date Of Hearing : 15/12/2021 घोषणा की ितिथ/ Date Of Pronouncement : 16/02/2022 आदेश/ Order

For Appellant: Sh. Sukhsagar Syal, AdvocateFor Respondent: Sh. Amol Kirtane, CIT-DR
Section 11(5)Section 143(3)Section 263

trust is required to deploy its funds. Section 13(1) lays down cases in which section 11 shall not apply. Under section 13(1)(d)(iii), it has been laid down that any share in a company, not being a Government company, held by the trust after

Director of Income Tax vs. Shree Radha Krishan Charitabel Trust

ITA - 383 / 2008HC Delhi30 Mar 2011
Section 11Section 13(1)(d)Section 143(3)Section 147Section 260A

trust amounting to `62.50 lacs were not disposed of within the time and they were hit by the provisions of Section 13(1)(d)(iii) of the Act. He, thus, reopened the assessment by issuing notice dated 20.03.2002 under Section 147/148 of the Act for the Assessment Year ... received and because of these irregularities committed by the assessee in not disposing the shares within the stipulated period, the provisions of Section 13(1)(d)(iii) were attracted, thereby losing the benefit of Section 11 of the Act. He, thus, denied the exemption to the assessee provided under Section