Section 11(3) of the Income Tax Act

Income-tax Act, 2025: ss.332–355

Section 11(3) falls under section 11 of the Income-tax Act, 1961, which corresponds to sections 332 to 355 of the Income-tax Act, 2025, the provisions on registered non-profit organisations.

Read the 2025 provisions

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 11(3) is CIT v. Matriseva Trust (242 ITR 20), cited in 91 of the 148 judgments on BharatTax that turn on this section.

Leading authorities on Section 11(3)

CIT v. Matriseva Trust
242 ITR 20 · 2000 · High Court
91
citing judgments

An excess of expenditure incurred by a charitable trust in previous years can be adjusted against the income of a subsequent year, and this adjustment is considered an application of income for charitable purposes under Section 11.

Govindu Naicker Estate v. ADIT
248 ITR 368 · 2001 · High Court
89
citing judgments

A charitable trust may adjust expenditure incurred for religious or charitable purposes in an earlier year against the income of a subsequent year, which is considered an application of income for the subsequent year under Section 11. This principle is guided by commercial considerations and the benevolent intent of Section 11.

Action for Welfare and Awakening in Rural Environment (AWARE) v. DICT
263 ITR 13 · 2003 · High Court
17
citing judgments

Violating provisions of Section 13(1)(c)(ii) read with Section 13(2)(b) disentitles an assessee from claiming exemption, as the funds of the assessee were diverted and misutilized.

DIT(E) v. Daulat Ram Education Society
278 ITR 260 · 2005 · High Court
17
citing judgments

For an accumulation of income under section 11(2) to be allowed, the details of the plan for utilization are not necessary if the stated purpose is in consonance with the charitable objects of the trust. So long as one or more of the purposes specified by the assessee are charitable and find place in the trust's incorporated objects, the benefit under section 11 must flow to the assessee.

CIT v. Trustees of the Jadi Trust
133 ITR 494 · 1982 · High Court
16
citing judgments

Donating income to another charitable trust is a valid application of income for charitable purposes, allowing the donor trust to claim exemption under Section 11. The trustees are not required to directly conduct the charitable activity themselves.

B.N. Gamadia Parsi Hunnarshala v. Asstt. DIT (Exemption)
77 TTJ 274 · 2002 · ITAT
13
citing judgments

Exemption under Section 11 of the Income Tax Act, 1961, is available only on actual 'income' and not on 'deemed income' arising under Section 11(3), meaning an assessee cannot claim the benefit of accumulation for 'deemed income'.

CIT v. Natwarlal Chowdhury Trust
189 ITR 656 · 1991 · High Court
12
citing judgments

A trust is entitled to accumulate 15% of its total income, which includes deemed income under Section 11(3) of the Income-tax Act, 1961. This accumulation benefit can be claimed even on deemed income.

ADDITIONAL DIRECTOR OF INCOME TAX (EXEMPTION) v. MANAV
20 SOT 517 · 2008 · ITAT
12
citing judgments

The benefit of accumulation of income under sections 11 and 12 cannot be denied for failure to file Form No. 10 during assessment proceedings, as it can be filed at any time during the pendency of such proceedings.

Yoga Asharam Management Trust v. ITO (Exemptions)
126 Taxmann.com 76 · 2021 · ITAT
8
citing judgments
Asst.Commissioner of Income Tax v. NCC Ltd.
157 Taxmann.com 144 · Reported
7
citing judgments

Judgments on Section 11(3)

Impact Foundation (India), Mumbai vs. The Comm of Income Tax (Exemp), Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 931/MUM/2022[2017-18]Status: DisposedITAT Mumbai02 Jan 2023AY 2017-18

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.931/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2017-18) Impact Foundation (India) बिधम/ Cit (E), Mumbai F1, 1St Floor, Laxmi Room No. 601, 6Th Floor, Vs. Wooden Mills, Opp G5A, Mtnl Building, Pedder Shakti Mills Lane, Off, Dr. Road, Dr. Gopalrao E. Moses Road, Mahalaxmi Deshmukh Marg, (W), Mumbai-400011. Cumballa Hill, Mumbai- 400026. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaat1422J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vijay Mehta Revenue By: Shri Purushottam Tripuri (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 06/10/2022 घोषणा की तारीख /Date Of Pronouncement: 02/01/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld Cit (Exemptions), Mumbai Passed U/S 263 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Dated 24.03.2022 For Assessment Year 2017-18. The Assessee Is Challenging The Validity Of Invocation Of Jurisdiction By Ld Cit(E) U/S 263 Of The Act.

For Appellant: Shri Vijay MehtaFor Respondent: Shri Purushottam Tripuri (Sr. AR)
Section 11(2)Section 12ASection 143(3)Section 263