Section 11(5) of the Income Tax Act
The decision most relied on for Section 11(5) is 1. Father Mullers Charitable Institutions 363 IT 230 (Kar.) 2. DIT(E) v. Sheth Mafatlal Gagalbhai Foundation Trust (249 ITR 533), cited in 108 of the 145 judgments on BharatTax that turn on this section.
Leading authorities on Section 11(5)
When a charitable trust violates investment provisions under Sections 11(5) or 13(1)(d), or applies income for prohibited purposes under Section 13(1)(c), the denial of exemption under Section 11 and taxation under Section 164(2) applies only to the extent of such violation or diversion, not to the entire income of the trust.
Income of a charitable trust, other than from a business undertaking covered by Section 11(4), is determined based on its books of account. Payments of income tax and wealth tax by the trust are considered an application of income for charitable purposes under Section 11.
For a charitable trust to claim application of income under Section 11(1)(a) by donating to another trust, the donee trust must be registered. Donations to unregistered institutions do not constitute an application of income for the donor trust, even if intended for the donee's corpus.
Reopening of assessment beyond four years under Section 147 requires strict satisfaction of conditions precedent, including fresh tangible material, and cannot be based on a mere change of opinion from the original assessment. Further, debatable or interpretational issues cannot be adjusted during processing under Section 143(1).
The exemption for income accumulated under section 11(1)(a) (presently 15%) is absolute, and section 11(2) does not restrict its operation or require such accumulated income to be invested in specified securities. Investment requirements under section 11(2) apply only to accumulation beyond this absolute exemption limit.
The Assessing Officer cannot make a prima facie adjustment to the total income under Section 143(1)(a) if the adjustment involves a debatable issue.
Earning income or charging fees for activities that serve general public utility does not automatically constitute trade, commerce, or business to attract the proviso to Section 2(15), thus not disentitling an entity from charitable exemptions. The mere receipt of fees for public utility services, without a profit motive, does not negate the charitable nature of the activity.
Entrance fees and one-time membership fees received by an association from new members are classified as revenue receipts for the purpose of income tax assessment.
A charitable trust can claim exemption for specific income streams under Section 10, such as dividend income under Section 10(34), independently of the provisions of Section 11. Income exempted under Section 10 is not restricted or overridden by Section 11 for trusts.
Judgments on Section 11(5)
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