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20 results for “charitable trust”+ Section 13(3)clear

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Key Topics

Section 12A20Section 1113Section 1012Exemption11Section 37(1)5Section 11(1)4Section 153C4Addition to Income4Section 2(15)3Section 276

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)

13(1)(bb) of the Act. Section 11(4A) was introduced into the Act with effect from 1st April, 1984. So far as it is relevant, Section 11 then read thus : Section 11 Income from property held for charitable or religious purpose. (1) Subject to the provisions of sections 60 to 63 the following income shall not be included

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

C.A. No.-021762-021762 - 2017Supreme Court
3
Charitable Trust3
Penalty2
19 Oct 2022

Bench: HON'BLE THE CHIEF JUSTICE

13 of the IT Act ................................................................................ 86 Distinction between business held under Trust [Section 11(4)] and Trust carrying on business [Section 11(4A)] 87 D. What kinds of income or receipts may not be characterized as derived from trade, commerce, business or in relation to such activities, for a consideration ......................................................................................... 98 (i) Statutory corporations, authorities or bodies ................................................................................... 98 (ii) Statutory

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

3) of Section 74A, he may furnish within the time allowed under sub-section (1) or by the thirty first day of July of the assessment year relevant to the previous year during which the loss was sustained, a return of loss in the prescribed form and verified in the prescribed manner and containing such other particulars

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

3 SCC 359. 13 of taxation by virtue of Section 10. Likewise, deduction for income from property held for charitable purposes was provided under Section 11. 19. It was alleged that since the inception of the IT Act in 1961 till 31 March 1975, income from education was excluded as a head under Section 10. By Section 10 (22), income

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

charitable) may   property   be   held   for   their   purposes otherwise than by virtue of a contract between the members for the time being. ” 13. “Corporation   aggregate”,   has   further   been   defined   by Halsbury's   Laws   of   England,   Fifth   Edition,   Vol.   24   to   the following effect: "312.   Meaning   of   'Corporation   aggregate'.   A corporation   aggregate   has   been   defined   as   a collection of individuals united

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

3), where a trust or an institution has been granted registration under clause (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

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)

13) of Section 2 thereof. Applicability of the Bombay Public Trust Act is again not disputed. Under Section 18 of the Bombay Public Trust Act it shall be the duty of the trustee of a public trust to which that Act applies to make an application for registration of the public trust. Section 29 of applies to public trust created

GANGABAI CHARITIES vs. COMMISSIONER OF INCOME-TAX

C.A. No.-010803-010805 - 1983Supreme Court24 Jul 1992
For Respondent: COMMISSIONER OF INCOME-TAX AND ANR
Section 1(1)(a)Section 11Section 11(1)(a)Section 256(1)

13, 1958 which was described as a deed of trust. The trust was named as "Ganga Bai Charities". In the trust-deed Ganga Bai gave effect to her desire to construct and provide a building for the benefit of the public to be used for religious, charitable, cultural and social purposes. She contributed Rs.34,000 to the trust fund. With

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

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)

13(1), New Delhi in respect of M/s Rattan Gupta & Co. under section 132(5) of the Act. It appears that the said Rattan Gupta informed the assessees about notices under section 148 of the Act issued to each of them at the CA 5769/2022 Etc. Page 5 of 67 address of M/s Rattan Gupta & Co. at Daryaganj, New Delhi

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

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

charitable character of the purpose would not be lost. 9. Coming closer to the section at hand, in Aditanar Educational Institution v. Additional Commissioner of Income Tax, (1997) 224 ITR 310, this Court while construing the predecessor Section, namely, Section 10(22) of the Income Tax act, held: “The High Court has made an observation that any income which

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

13. Section 40 of the Income­tax Act, 1961 is a provision which deals with the amounts which are not deductible while computing the income chargeable under the head ‘Profits and gains of business or profession’.   Section 40 of the Act is amended in the year 2013, and 40(a)(iib) is inserted by Amending Act 17 of 2013, which

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

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)

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 to income of any trust or institution unless certain conditions are satisfied, one of which is clause (a), the same

PR. COMMISSIONER OF INCOME TAX (EXEMPTIONS) DELHI vs. SERVANTS OF PEOPLE SOCIETY

The appeal is allowed to the above extent

C.A. No.-000614-000614 - 2023Supreme Court31 Jan 2023

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT

Section 10Section 11Section 11(1)Section 12ASection 2(15)

13(8), seventeenth proviso to Section 10(23C) and third proviso to Section 143(3) (all w.r.e.f. 01.04.2009), reaffirm this interpretation and bring uniformity across the statutory provisions. 10. This court had also considered the nature of income derived by a trust, which was managing a newspaper. The observations pertaining to that assessee, i.e. the Tribune Trust, are relevant

INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION (GWALIOR) M.P. LTD. vs. COMMISSIONER OF INCOME TAX GWALIOR M.P

C.A. No.-006262-006262 - 2010Supreme Court16 Feb 2018

Bench: HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

Section 12Section 12ASection 154Section 2(15)Section 21Section 260

charitable purpose under Section 2(15) of the Act, they were entitled to claim registration as provided under Section 12 (A) of the Act. Since the application for registration was delayed in its filing, the appellant also made an application for condonation of delay in filing the application. 5. By order dated 13.04.1999, the CIT (Gwalior) condoned the delay

ASSISTANT COMMNR., INCOME TAX, RAJKOT vs. SAURASHTRA KUTCH STOCK EXCHANGE LTD

C.A. No.-001171-001171 - 2004Supreme Court15 Sept 2008
Section 11Section 12ASection 143Section 154Section 25Section 254

charitable institution’ entitled to exemption under Sections 11 and 12 of the Act from payment of income-tax. The assessee, therefore, made an application on February 10, 1992 for registration under Section 12A of the Act. The Commissioner of Income Tax, Rajkot registered 2 it on July 8, 1996. The assessee filed its return of income on October

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

3 (1979) 1 SCC 496 Page 4 of 18 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

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)

3. Section 37(1) of Income Tax Act provides for deduction of any revenue expenditure (other than those failing under sections 30 to 36) from the business Income if such expense is laid out/expended wholly or exclusively for the purpose of business or profession. However, the explanation appended to this sub-section denies claim of any such expense