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“Section 15(1)(d)”

Section References (mined)Section 15Section 15(1)(d)1 judgments

The decision most relied on for Section 15(1)(d) is 362 ITR 539 (Gujarat) (d) Institute of Chartered Accountants of India v. DGIT (347 ITR 99), cited in 112 judgments on BharatTax.

Leading authorities on Section 15(1)(d)

362 ITR 539 (Gujarat) (d) Institute of Chartered Accountants of India v. DGIT
347 ITR 99 · 2012 · High Court
112
citing judgments

The broad definition of 'business' should not be applied when interpreting the proviso to Section 2(15) of the Income-tax Act, 1961, as the object and purpose of the section must be considered.

Institute of Chartered Accountants of India (ICAI) v. DGIT (Exemptions)
358 ITR 91 · 2013 · High Court
80
citing judgments

An institution carrying out charitable objects, such as education or advancement of general public utility, does not lose its Section 11 exemption merely by collecting fees for activities like campus placements or educational guidance, as this does not constitute carrying on a business.

GSI India v. DGIT (Exemption)
360 ITR 138 · 2014 · High Court
51
citing judgments

Charging fees, even when having regard to the economic status of beneficiaries, is permissible for the sustenance of charitable activities, provided it is necessary for operation and running expenses and does not amount to carrying on trade or commerce. This applies even after the introduction of the proviso to Section 2(15) of the Income Tax Act, 1961.

DIT v. Shri Ramakrishna Seva Ashram
357 ITR 731 · 2013 · High Court
35
citing judgments

Donations made for a specific purpose are considered capital in nature and cannot be applied for charitable or religious purposes, thus not being deemed income from property for the purposes of Section 11 of the Income Tax Act.

Deputy Director of Income Tax v. All India Football Federation
62 Taxmann.com 362 · 2015 · High Court
27
citing judgments

The proviso to section 2(15) should not be invoked to deny exemption to a sports organization if its activities are not predominantly in the nature of trade, commerce, or business.

Sole Trustee, Lok Shikshana Trust v. Cit, Mysore
1 SCC 254 · 1976 · Reported
18
citing judgments

A trust's charitable character is not lost if its activities generate profits, as long as those profits are obligated to be spent exclusively or essentially on charitable purposes. The genuineness of the charitable purpose, as demonstrated by the obligation to spend the funds, is the key test.

Canara Bank Golden Jubilee Staff Welfare Fund v. DCIT
308 ITR 202 · 2009 · High Court
17
citing judgments

The income of a society for mutual benefits of its members is exempt from tax, as demonstrated in this case concerning a cooperative bank.

CIT v. Divine Light Mission
278 ITR 659 · 2005 · High Court
14
citing judgments

Membership fees and subscription amounts received by a trust or society from its members are not voluntary contributions under Section 12 and thus cannot be characterized as such.

Judgments citing Section 15(1)(d)