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112 results for “charitable trust”+ Section 11(5)clear

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Key Topics

Section 12A265Section 11214Exemption83Section 80G66Section 1058Section 143(1)46Section 143(3)45Addition to Income41Section 80G(5)38

DIVYASDHANA CHARITALLE TRUST,INDORE vs. THE CIT (E) CIRCLE , BHOPAL

Appeals are allowed in terms indicated above

ITA 139/IND/2023[00]Status: DisposedITAT Indore19 Dec 2023

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 11Section 12ASection 80GSection 80G(5)

Charitable Trust, Indore. Vs. CIT(E), ITA No.138 & 139/Ind/2023 very well incur expenditure on religious nature upto 5% and still remain entitled for approval u/s 80G(5). It is also pointed out that the decision in Upper Ganges Sugar Mills Ltd. (supra) was pronounced on 04.08.1997 and subsequent thereto, the section 80G(5B) giving over-riding effect was introduced

DIVYASDHANA CHARITALLE TRUST,INDORE vs. THE CIT (E) CIRCLE , BHOPAL

Appeals are allowed in terms indicated above

Showing 1–20 of 112 · Page 1 of 6

Section 2(15)35
Deduction32
Disallowance25
ITA 138/IND/2023[00]Status: DisposedITAT Indore19 Dec 2023

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 11Section 12ASection 80GSection 80G(5)

Charitable Trust, Indore. Vs. CIT(E), ITA No.138 & 139/Ind/2023 very well incur expenditure on religious nature upto 5% and still remain entitled for approval u/s 80G(5). It is also pointed out that the decision in Upper Ganges Sugar Mills Ltd. (supra) was pronounced on 04.08.1997 and subsequent thereto, the section 80G(5B) giving over-riding effect was introduced

M/S. DEVI SHAKUNTALA THKARAL CHARITABLE FOUNDATION,BHOPAL vs. DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), BHOPAL

In the result, the appeal filed by the assessee is

ITA 322/IND/2018[2013-14]Status: DisposedITAT Indore20 Feb 2020AY 2013-14

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2013-14 M/S. Devi Shakuntala Dcit Thakral Charitable (Exemption) बनाम/ Foundation Bhopal Vs. Bhopal (Appellant) (Revenue ) P.A. No.Aaatd2943B

Section 11(2)Section 143(3)Section 263

trust or section 10(23C)(iv), 10(23C)(v), institution as mentioned in section 11(3)(d) 10(23C)(vi) or 10(23C)(via) From the above table it is evident that none of the conditions as mentioned in section 11(3) have been triggered in the instant case. Even if it had been so, addition if any would have

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. ACIT CENTRAL-II, BHOPAL

In the result, appeal of the assessee in ITANo

ITA 548/IND/2019[2010-11]Status: DisposedITAT Indore13 Oct 2021AY 2010-11

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

Section 12ASection 132Section 143(2)Section 148Section 37

11 and 12] [In favour of assessee] [CLPB 141-152] In the instant case, registration granted u/s 12AA was cancelled by invoking provisions of section 12AA(3) and 12AA(4) read with sections 13(1)(c)(ii) and section 13(3). Violation of provisions of section 13 cannot be a basis for cancellation of registration u/s 12AA. Impugned order cancelling

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. PR. CIT (CENTRAL), BHOPAL

In the result, appeal of the assessee in ITANo

ITA 90/IND/2019[-]Status: DisposedITAT Indore13 Oct 2021

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

Section 12ASection 132Section 143(2)Section 148Section 37

11 and 12] [In favour of assessee] [CLPB 141-152] In the instant case, registration granted u/s 12AA was cancelled by invoking provisions of section 12AA(3) and 12AA(4) read with sections 13(1)(c)(ii) and section 13(3). Violation of provisions of section 13 cannot be a basis for cancellation of registration u/s 12AA. Impugned order cancelling

CHIRAYU CHARITABLE FOUNDATION,BHOPAL vs. PCIT (CENTRAL), BHOPAL

In the result appeal of the assessee stands allowed

ITA 179/IND/2019[-]Status: DisposedITAT Indore09 Feb 2021

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradchirayu Charitable Pcit (Central), Foundation,Bhopal Indore Bhopal Highway, Bhaisakhedi, Vs. Bhopal (Appellant) (Revenue ) Pan No.Aaaac3656P Revenue By Shri S.S. Mantri, Cit Appellant By S/Shri Sumit Nema, Sr. Advocate, Gagan Tiwari & Piyush Parashar, Advs Date Of Hearing 05.01.2021 Date Of Pronouncement .02.2021 O R D E R Per Manish Borad, Am.

Section 12ASection 132

trust objects are charitable in nature, its activities are not carried out in accordance with its objects which is evident from the facts gathered during search and post search investigation as mentioned above. From the discussion above, it is apparent that the assessee has not carried out its activities as per the provisions of section 12AA of the Income

M/S TRUBA EDUCATION SOCIETY ,BHOPAL vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) BHOPAL, BHOPAL

ITA 801/IND/2024[2023-24]Status: DisposedITAT Indore24 Apr 2025AY 2023-24

Bench: Shri B.M. Biyani & Shri Udayan Das Gupta

Section 11Section 127(2)Section 12ASection 12A(1)(ac)Section 132Section 133ASection 143(3)Section 147Section 2(15)

5) Without prejudice to the provisions of sub-section (4), where registration of a trust or an institution has been granted under clause (a) or clause (b) of sub-section (1) and subsequently, it is noticed that (a) the activities of such trust or institution are being carried out in a manner that the provisions of section 11

RATLAM AHINSA SHIKSHA SAMITI,RATLAM vs. COMMISSIONER OF INCOME TAX (EXEMPTION) , BHOPAL

The appeal of the assessee is allowed accordingly and the Id

ITA 719/IND/2024[2024-25]Status: DisposedITAT Indore25 Aug 2025AY 2024-25

Bench: Shri B.M. Biyani & Shri Paresh M. Joshi

Section 10Section 11Section 12Section 80G(5)

trust or institution has been excluded from the total income on account of applicability of sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause (23C) or section 10, or section 11 or section 12, for any previous year ending on or before the date of such application, at any time after

FAIZAN E BURHANE MILLAT TRUST,JABALPUR vs. THE CIT EXEMPTION, BHOPAL

In the result, appeal of the assessee is allowed

ITA 55/IND/2023[00]Status: DisposedITAT Indore20 Mar 2024

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanifaizan E Burhane Millat Cit(Exemption) Trust Bhopal 181/1, Baitla Colony Vfj Society, Ward Shaheed, Abdul Vs. Hameed, Raza Chowk Milk, Scheme Road, Jabalpur (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaatf8671J Assessee By Shri Ashish Goyal & Nd Patwa, Ars Revenue By Shri Ashish Porwal, Sr. -Dr Date Of Hearing 13.02.2024 Date Of Pronouncement 20.03.2024

Section 11Section 12ASection 13(1)(b)

11 & 12 to the assesse trust. This tribunal in case of Dawat E Islami Chhatisgarh vs. CIT(E) in ITANo.431/Ind/2022 has considered the applicability of section 13(1)(b) in para 5 & 6 as under: “5. We have considered the rival submissions as well as relevant material on record. The CIT(E) has denied the registration to the assessee trust

SHRI JAIN SHWETAMBER MURTIPUJAK SUKRAT FUND KAODA COMMITTEE,INDORE vs. CIT (EXEMPTION) BHOPAL, BHOPAL

In the result appeal of the assessee is allowed

ITA 849/IND/2018[-]Status: DisposedITAT Indore28 Sept 2020

Bench: Shri Kul Bharat & Shri Manish Boradshri Jain Shwetamber Cit (Exemption) Bhopal Murtipujak Sukrat Fund Vs. Kapda Committee, 11/12, Mahavir Marg, Indore (Appellant) (Revenue ) Pan Aabts6859G Appellant By Shri Narendra Kumar Jain, Ca Revenue By Smt. Ashima Gupta, Cit Date Of Hearing 15.09.2020 Date Of Pronouncement 29.09.2020 O R D E R Per Manish Borad, Am. This Appeal Is Preferred By The Assessee Against The Order Of Ld. Cit

Section 11Section 12ASection 143(3)Section 2

Charitable Trust under the provisions of sections 11 to 13 of the Income Tax Act 1961, may please be noted.(P.P. 24 to 32 of the paper book) 4) The present Trustees and the Auditors of this trust are 3rd/ 4th generation, in a very long period of 75 years after the institution of this trust in the year

AKSHAY ACADEMY,INDORE, M.P. vs. THE INCOME TAX OFFICER, NFAC, DELHI, THE INCOME TAX OFFICER, NFAC, DELHI

In the result, the appeal of the assessee is allowed

ITA 199/IND/2024[2018-19]Status: DisposedITAT Indore20 Aug 2024AY 2018-19

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniakshay Academy Ito, Nfac 32 Kaimaidan Road, Delhi Khasgi Gagicha Vs. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aadta8987B Assessee By Shri S.N. Agrawal, Ar Revenue By Shri Ram Kumar Yadav, Cit- Dr Date Of Hearing 06.08.2024 Date Of Pronouncement 20.08.2024

Section 10Section 11Section 12A

charitable trust. Sections 12A and 12AA detail the procedural requirements for making an application to claim exemptions under sections 11 and 12 by the assessee and the grant or rejection of such application by the commissioner. Thus, in my view, sections 12A and 12AA are only procedural in nature. Hence, it is not the registration u/s 12AA by itself that

M/S. MADHYA PRADESH CRICKET ASSOCIATION,INDORE vs. THE DCIT 1(1), INDORE

In the result, the appeal filed by the Assessee is dismissed and consequently the order of the Ld

ITA 782/IND/2014[2012-13]Status: DisposedITAT Indore14 Jun 2017AY 2012-13

Bench: Shri Chandra Mohan Garg & Shri O.P.Meenaassessment Year: 2012-13 Madhya Pradesh Cricket Dcit, 1(1), Association Indore बनाम/ Holkar Stadium, Vs. 7, Race Course Road, Indore (Appellant) (Revenue ) P.A. No.Aaatg3527C Appellant By Shri Anil Kamal Garg & Shri Arpit Gaur (Ar) Revenue By Shri Lal Chand (Cit-Dr) Date Of Hearing: 21.03.2017 Date Of Pronouncement: 14.06.2017

Section 13Section 2Section 2(15)

5. “The only controversy in present case is whether appellant as a cricket association is eligible to get exemption of Rs.15,82,55,168/- u/s 11(1)(a) & 11(2) of I.T. Act on the ground that they are carrying out activity of promoting game of cricket or they are hit by provision of section

THE DCIT, (EXEMPTION) CIRCLE, BHOPAL vs. M/S. MAYANK WELFARE SOCIETY, BHOPAL

In the result, Revenue’s appeal for the AY 2013-14

ITA 232/IND/2017[2013-14]Status: DisposedITAT Indore29 Oct 2021AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

Section 115BSection 143(3)

charitable trust as mentioned in section 115BBC (2) of the Act and hence provisions of sub-section (1) of the section 115BBC of the Act are squarely applicable in the case of the assessee as in case of the assessee, anonymous donations as per section 115BBC(3) has been found. 4.40 Without any prejudice to the above, it is also

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE BHOPAL, BHOPAL vs. MAYANK WELFARE SOCIETY, INDORE

In the result, Revenue’s appeal for the AY 2013-14

ITA 776/IND/2018[2015-16]Status: DisposedITAT Indore29 Oct 2021AY 2015-16

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

Section 115BSection 143(3)

charitable trust as mentioned in section 115BBC (2) of the Act and hence provisions of sub-section (1) of the section 115BBC of the Act are squarely applicable in the case of the assessee as in case of the assessee, anonymous donations as per section 115BBC(3) has been found. 4.40 Without any prejudice to the above, it is also

AATMA PRAKASH MENTAL HEALTH FOUNDATION,INDORE vs. COMMISSIONER OF INCOME TAX (EXEMPTION), BHOPAL

Appeal is allowed for statistical purpose

ITA 107/IND/2024[N.A.]Status: DisposedITAT Indore20 May 2024

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniaatma Prakash Mental Cit (Exemption), Health Foundation, Bhopal बनाम/ 738, Nehru Nagar, Vs. Indore. (Appellant/Assessee) (Respondent/Revenue) Pan: Aaoca9170A Assessee By Shri Apurva Mehta & Shri Rajesh Mehta, Ars Revenue By Shri Ram Kumar Yadav, Cit Dr Date Of Hearing 16.05.2024 Date Of Pronouncement 20.05.2024

Section 12ASection 253(5)Section 8Section 80G(5)

Section 80G(5) of the Act. This will be the harmonious interpretation. 11. If we agree with the interpretation of the ld. CIT(E), then say a trust which was formed in the year 2000, performed charitable

CIT(E),BHOPAL, BHOPAL vs. SHRI MAHAVIR KUND KUND TRUST, UJJAIN

ITA 340/IND/2020[2020-21]Status: DisposedITAT Indore15 Jul 2022AY 2020-21

Bench: Shri Mahavir Prasad & Shri B.M. Biyani

Section 115TSection 12ASection 13(1)(d)

5 of 12 ITA No.838/Ind/2018 & ITANo.340/Ind/2020 Ld. AR submitted that on a plain reading itself, it is very much clear that section 13(1)(b) is applicable “to a trust for charitable purposes or a charitable institution”. Ld. AR submitted that it may so happen that a trust may be a combined trust i.e. charitable plus religious and in that

MAHAVIR KUND KUND KAHAN TRUST,BARHANPUR vs. CIT(E) BHOPAL, BHOPAL

ITA 838/IND/2018[NA]Status: DisposedITAT Indore15 Jul 2022

Bench: Shri Mahavir Prasad & Shri B.M. Biyani

Section 115TSection 12ASection 13(1)(d)

5 of 12 ITA No.838/Ind/2018 & ITANo.340/Ind/2020 Ld. AR submitted that on a plain reading itself, it is very much clear that section 13(1)(b) is applicable “to a trust for charitable purposes or a charitable institution”. Ld. AR submitted that it may so happen that a trust may be a combined trust i.e. charitable plus religious and in that

M/S. RISHIRAJ K.M.B. EDUCATION SOCIETY,BHOPAL vs. THE CIT, BHOPAL

In the result, the appeal filed by the assessee is

ITA 434/IND/2014[-]Status: DisposedITAT Indore20 Aug 2018

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: Na

Section 11Section 12ASection 132(1)Section 139Section 143(3)Section 153ASection 153C

11 and 12 do not apply to exclude the income of the institution due to operation of sub section 1 of section 13. This is not retrospective provision. Subsection 3 of section 12AA as it stood on 01/10/2004 provided the power of cancellation of registration on two conditions i.e. the activity of the trust is not genuine

M/S RAJIV GANDHI PROUDYOGIK VISHWAVIDHALYA,BHOPAL vs. CIT EXEMPTION, BHOPAL

In the result, the appeal filed by the assessee is

ITA 614/IND/2018[0]Status: DisposedITAT Indore08 Feb 2019

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: Na (12Aa)

Section 11Section 12ASection 2(15)

11 of the Income Tax Act. 4. That section 2(15) defines the term ‘charitable purpose’ in an inclusive manner and includes within its ambit relief of poor, education, medical relief and advancement of any other object of general public utility. Education per se is a charitable purpose just like relief of poor or medical relief and the appellant university

SANAND NYAS,INDORE vs. COMMISSIONER OF INCOME TAX, EXEMPTION, BHOPAL

The appeal of the assessee is treated as allowed for statistical purposes

ITA 321/IND/2025[2025-26]Status: DisposedITAT Indore28 Nov 2025AY 2025-26

Bench: Shri B.M. Biyani & Shri Paresh M. Joshisanand Nyas Cit(Exemption) 417 Trade House, 14/3 Bhopal बनाम/ South Tukoganj, Vs. Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Aacts5253M Assessee By Shri S.S. Deshpande, Ar Revenue By Shri Anoop Singh, Cit-Dr Date Of Hearing 19.08.2025 Date Of Pronouncement 28.11.2025

Section 12ASection 80GSection 80G(5)

charitable trust established in the year 1993 by a Trust-Deed dated 26.09.1993. The assessee got registration under the M.P. Public Trust Act, 1951 w.e.f. 29.09.2003. (ii) The assessee was also granted registration by Income-tax Department u/s 12A w.e.f. 18.07.1994 and approval u/s 80G w.e.f. 31.03.1995 (the renewal of approval u/s 80G was also granted by Income-tax Department