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18 results for “charitable trust”+ Section 12(1)(b)clear

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Key Topics

Section 12A13Section 1011Exemption9Section 37(1)5Section 10(20)5Section 114Section 11(1)4Section 153C4Section 2763Addition to Income

ASST. COMMR. OF INCOME TAX, MADRAS vs. THANTHI TRUST

C.A. No.-004406-004410 - 1996Supreme Court31 Jan 2001
For Respondent: THANTHI TRUST ETC. ETC
Section 11Section 148Section 2(15)Section 4(3)(i)

1)(a) of Section 11 says that income derived from property held under trust only for charitable or religious purposes, to the extent it is used in the manner indicated therein, shall not be included in the total income of the previous year of the trust. Sub-section (4) defines the words property held under trust for the purposes

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) vs. AHMEDABAD URBAN DEVELOPMENT AUTHORITY

C.A. No.-021762-021762 - 2017Supreme Court
3
Penalty2
Charitable Trust2
19 Oct 2022

Bench: HON'BLE THE CHIEF JUSTICE

b) the work in connection with the business is mainly carried on by beneficiaries of the institution” 6 (1944) 12 ITR 385 7 charitable institutions which were not held under trust and not to such business as was itself held under trust or was conducted by or on behalf of such charitable or religious institutions as were held under trust

PRAKASH NATH KHANNA vs. COMMNR OF INCOME TAX

Crl.A. No.-001260-001261 - 1997Supreme Court16 Feb 2004
For Respondent: Commissioner of Income Tax and Anr
Section 139(1)Section 139(4)Section 143(3)Section 271(1)(a)Section 276Section 276C

1) or sub-section (2) may, before the assessment is made, furnish the return for any previous year at any time before the end of the period specified in clause (b), and the provisions of sub-section (8) shall apply in every such case. (b)The period referred to in clause (a) shall be- (i)where the return relates

KERALA STATE BEVERAGES MANUFACTURING AND MARKETING CORPORATION LIMITED vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1(1)

Accordingly, the civil appeal filed by the assessee is dismissed

C.A. No.-000011-000011 - 2022Supreme Court03 Jan 2022

Bench: HON'BLE MR. JUSTICE R. SUBHASH REDDY

Section 143(3)Section 263Section 40

12 of the Ceiling Act.” 14.5.  Further, CBDT itself has issued circular in Circular No.3/2018 which is issued, as a measure for reducing litigation, by revision of monetary limits for filing appeals by the Department before the Income­ tax Appellate Tribunal, High Courts and SLP/appeals before this Court. In the said circular it is clearly mentioned that for considering

M/S. ANANDA SOCIAL AND EDUCATIONAL TRUST vs. THE COMMISSIONER OF INCOME TAX

In the result, we find that there is no reason to

C.A. No.-005437-005438 - 2012Supreme Court19 Feb 2020

Bench: HON'BLE THE CHIEF JUSTICE

Section 12ASection 13

b) of sub- section (1) or has obtained registration at any time under section 12A [as it stood before its amendment by the Finance (No. 2) Act, 1996 (33 of 1996)] and subsequently it is noticed that the activities of the trust or the institution are being carried out in a manner that the provisions of sections 11 and 12

M/S NEW NOBLE EDUCATIONAL SOCIETY vs. THE CHIEF COMMISSIONER OF INCOME TAX 1

The appeals are hereby dismissed, without order on costs

C.A. No.-003795-003795 - 2014Supreme Court19 Oct 2022

Bench: HON'BLE THE CHIEF JUSTICE

Section 10

12 Additional Commissioner of Income Tax v Surat Art Silk Cloth Manufacturers’ Association, (1980) 2 SCC 31. 18 prescribed authority to ascertain whether the balance of income is applied wholly and exclusively to the objects for which the applicant is established”.13 28. The revenue also urged that the decision in American Hotel (supra) was wrong in holding that

M/S APEX LABORATORIES P. LTD. vs. THE DEPUTY COMMISSIONER OF INCOME TAX LARGE TAX PAYER UNIT II

The appeal is dismissed without order on costs

C.A. No.-001554-001554 - 2022Supreme Court22 Feb 2022

Bench: HON'BLE THE CHIEF JUSTICE

Section 142(1)Section 37(1)

b) Travel facilities: A medical practitioner shall not accept any travel Facility inside the country or outside, including rail, road, air, ship, cruise tickets, paid vacation, etc. from any pharmaceutical or allied healthcare industry or their representatives for self and family members for vacation or for attending conferences, seminars, workshops, CME Programme, etc. as a delegate.] (c) Hospitality: A medical

K.R. PATEL(DEAD) THROUGH LRS. vs. COMMNR. OF INCOME TAX

C.A. No.-005649-005649 - 1990Supreme Court27 Aug 1999
For Respondent: COMMISSIONER OF INCOME TAX
Section 161Section 256(1)

charitable and religious purposes its income was exempt from tax under Section 11(1) of the Act. Various other contentions were raised but all these were rejected by the Income- tax Officer who assessed the income in the hands of the executors and trustees as executors. Against order of the Income-Tax Officer appeal was filed before the Appellate Assistant

U.P. FOREST CORPORATION vs. DY. COMMNR. OF INCOME TAX

C.A. No.-009432-009432 - 2003Supreme Court27 Nov 2007
For Respondent: DY. COMMISSIONER OF INCOME TAX, LUCKNOW
Section 10Section 10(20)Section 11Section 11(1)Section 12ASection 3Section 3(3)Section 3(31)

1)(a), registration under Section 12A is a condition precedent. Section http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 3 11 provides for exemption of income which is applied for charitable purposes. Section 12 is in the nature of an explanation of Section 11. Section 12A provides that provisions of Sections 11 and 12 shall not apply in relation

M/S QUEEN'S EDUCATIONAL SOCIETY vs. COMMR.OF INCOME TAX

C.A. No.-005167-005167 - 2008Supreme Court16 Mar 2015

Bench: The Uttarakhand High Court, Nainital, May Be Gleaned From The Facts Of One Of Them, Namely, The Queen’S Educational Society Case. The Appellant Filed Its Return For Assessment Years 2000-2001 & 2001-2002 Showing A Net Surplus Of Rs.6,58,862/- & Rs.7,82,632/- Respectively. Since The Appellant Was Established With The Sole 2

Section 10Section 10(22)Section 260A

b) it should not be for purposes of profit and (c) the aggregate annual receipts of such institution should not exceed the amount or annual receipts as may be prescribed. Such prescription is to be found in Rule 2CA being an amount of Rs.1 crore. 6. The said Section was inserted by Finance Act No.2 of 1998 with effect from

MANSAROVAR COMMERCIAL PVT. LTD. vs. COMMISSIONER OF INCOME TAX DELHI

C.A. No.-005769-005769 - 2022Supreme Court10 Apr 2023

Bench: HON'BLE MR. JUSTICE M.R. SHAH

Section 26Section 6(3)

Charitable Trust (iii) interest accrued/paid on the unsecured loans and (iv) provision for income tax (which was disallowed). Separate penalty proceedings were initiated under sections 271(1)(a). 271(1)(c), 273/274 and 271-B of the Act. 2.12 The assessees then preferred appeals before the CIT(A). Subsequently on 08th December, 2000, the writ petitions filed by the assessees

M/S.RADHA-SAOMI SAT SANG,SAOMI BAGH,AGRA vs. COMMISSIONER OF INCOME TAX

C.A. No.-010574-010583 - 1983Supreme Court15 Nov 1991
For Respondent: COMMISSIONER OF INCOME TAX
Section 11Section 35Section 4(3)Section 66(2)

trust or legal obli- gation, (b) the property should be so held for charitable or religious purposes which enure for the benefit of the pub- lic. [317 E-G] 1.03. The property was given to the Satguru for the common purpose of furthering the objects of the Sat Guru. The property was therefore subject to a legal liability of being

COMMISSIONER OF INCOME TAX-III vs. SINGHAD TECHNICAL EDUCATION SOCIETY

The appeals are dismissed with the aforesaid observations

C.A. No.-011080-011080 - 2017Supreme Court29 Aug 2017

Bench: HON'BLE MR. JUSTICE A.K. SIKRI

Section 11Section 12ASection 132Section 142Section 153C

charitable or religious purposes (Section 11) and income from contributions are exempt from taxation under certain circumstances. 4) It so happened that a search and seizure operation was carried out under Section 132 of the Act on one Mr. M.N. Navale, President of the 3 assessee Society, and his wife on July 20, 2005 from where certain documents were seized

THE COMMISSIONER OF INCOME TAX, LUCKNOW. vs. U.P. FOREST CORPORATION

Appeals are allowed

C.A. No.-000180-000182 - 1989Supreme Court02 Mar 1998
For Respondent: U.P. FOREST CORPORATION
Section 10(20)Section 11(1)Section 17Section 256Section 3Section 3(3)Section 3(31)

B. Krishna Prasad, Advs. for the appellant S.P. Gupta, Sr.Adv., Sunil Gupta, H.K. Puri, Advs. with him for the Respondent J U D G M E N T The following Judgment of the Court was delivered: KIRPAL. J. The question involved in these appeals is whether the respondent is a local authority and, therefore, its income is exempt from

COMMISSIONER OF INCOME TAX (TDS), KANPUR vs. CANARA BANK

The appeals are dismissed

C.A. No.-006020-006020 - 2018Supreme Court02 Jul 2018

Bench: HON'BLE MR. JUSTICE A.K. SIKRI

Section 194ASection 3

b) any financial corporation established by   or   under   a   Central,   State   or Provincial Act, or (c)   the   Life   Insurance   Corporation   of India established under the Life Insurance Corporation Act, 1956 (31 of 1956), or (d)  the  Unit   Trust   of   India  established under the Unit Trust of India Act, 1963 (52 of 1963), or (e)   any   company   or   co­operative   society carrying

COMMISSIONER OF INCOME TAX (EXEMPTIONS) KOLKATA vs. JAGANNATH GUPTA FAMILY TRUST

Appeal is allowed, with directions as indicated

C.A. No.-001381-001381 - 2019Supreme Court01 Feb 2019

Bench: HON'BLE MR. JUSTICE R. SUBHASH REDDY

Section 12ASection 133ASection 80GSection 80G(5)(vi)

charitable purposes, namely, medical relief, education, any other causes of public utility etc. It is stated that the respondent-trust is running an Engineering College. 4. A survey was conducted under Section 133A of the Act, in the premises of School of Human Genetics and Population Health (SHGPH), Kolkata by the Investigation Wing on 27.01.2014. It appears, during the said

M/S. D.J. MALPANI vs. COMMISSIONER OF CENTRAL EXCISE, NASHIK

C.A. No.-005282-005282 - 2005Supreme Court09 Apr 2019

Bench: HON'BLE THE CHIEF JUSTICE

Section 11ASection 173QSection 4

trust during the period of the show cause notices. 10. The only question that arises for decision is whether the amount included as Dharmada by a manufacturer and credited for charitable purposes is liable to be included in the assessable value of manufactured goods; the seller having merely acted as conduit between the purchaser and charity. 11. It is necessary

ASSTT. COMMNR., INCOME TAX, SURAT vs. SURAT CITY GYMKHANA

C.A. No.-004305-004306 - 2002Supreme Court04 Mar 2008

Bench: The Commissioner Of Income-Tax (Appeals) Were Also Dismissed. Aggrieved Thereby, The Assessee Filed Further Appeals Before

For Respondent: Surat City Gymkhana
Section 10(23)Section 12Section 2(15)

1 of 2 CASE NO.: Appeal (civil) 4305-4306 of 2002 PETITIONER: Asstt. Commissioner of Income Tax, Surat RESPONDENT: Surat City Gymkhana DATE OF JUDGMENT: 04/03/2008 BENCH: ASHOK BHAN & DALVEER BHANDARI JUDGMENT: JUDGMENT O R D E R CIVIL APPEAL NOS.4305-4306 OF 2002 The respondent-assessee claimed exemption under Section 10(23) of the Income