Section 11(5) of the Income Tax Act

Income-tax Act, 2025: ss.332–355

Section 11(5) 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(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 401 judgments on BharatTax that turn on this section.

Leading authorities on Section 11(5)

1. Father Mullers Charitable Institutions 363 IT 230 (Kar.) 2. DIT(E) v. Sheth Mafatlal Gagalbhai Foundation Trust
249 ITR 533 · 2001 · High Court
108
citing judgments

Income of a trust that is taxable at the maximum marginal rate should be taxed accordingly, while other income is eligible for exemption under Section 11 of the Income-tax Act.

Commissioner of Income-tax v. Nizam's Suppl. Religious Endowment Trust
127 ITR 378 · 1981 · High Court
87
citing judgments

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.

Trust (249 ITR 533) (Bom.) 3. CIT vs. Red Rose School (163 Taxman 19 (All.) 4. DIT(E) v. Alarippu (
172 ITR 698 · 1988 · High Court
61
citing judgments

Income received by a trust from sources like extra fees can be taxed at the maximum marginal rate, while other income remains eligible for exemption under Section 11 of the Income Tax Act.

Dy. CIT v. Zuari Estate Development and Investment Co. Ltd.
373 ITR 661 · 2015 · Supreme Court
61
citing judgments

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).

ACIT v. A.L.N. Rao Charitable Trust
216 ITR 697 · 1995 · Supreme Court
58
citing judgments

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.

Bureau of Indian Standards v. DGIT
358 ITR 78 · 2013 · High Court
58
citing judgments
Bombay in Bajaj Auto Finance Ltd. v. CIT
93 Taxmann.com 63 · 2018 · High Court
53
citing judgments

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.

GSI India v. DGIT (Exemption)
360 ITR 138 · 2014 · High Court
51
citing judgments

Charging fees, even when having regard to the economic status of beneficiaries, is permissible for the sustenance of charitable activities, provided it is necessary for operation and running expenses and does not amount to carrying on trade or commerce. This applies even after the introduction of the proviso to Section 2(15) of the Income Tax Act, 1961.

DIT (Exemption) v. Jasubhai Foundation
374 ITR 315 · 2015 · High Court
45
citing judgments

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.

Delhi Stock Exchange Association Limited v. CIT
41 ITR 495 · 1961 · Supreme Court
43
citing judgments

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.

Judgments on Section 11(5)

Society for Institute of Advanced Management, Kolkata vs. C.I.T.(Exmption), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 357/KOL/2020[2020-21]Status: DisposedITAT Kolkata02 Mar 2022AY 2020-21

Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.357/Kol/2020 Assessment Year: 2020-21 Society For Institute Of Advanced Management ....….………………….……Appellant C/O. S.N. Ghosh & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata-1. [Pan: Aaaas5992G] Vs. Cit(Exemption), Kolkata.........…….…..…...............……........……...…..…..Respondent Appearances By: Shri Somnath Ghosh, Advocate, Appeared On Behalf Of The Appellant. Shri Raju Lapcha, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2022 Date Of Pronouncing The Order : March 02, 2022 Hearing Through Video Conferencing Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Appellant-Society Against The Order Dated 27.02.2020 Of The Commissioner Of Income Tax (Exemptions), Kolkata [Hereinafter Referred To As ‘Cit(E)’] Agitating Against The Cancellation Of Registration Granted U/S 12Aa Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Ld. Counsel For The Assessee Has Invited Our Attention To The Impugned Order Of The Ld. Cit(E) Stating That The Same Is An Ex Parte Order. He Has Contended That No Proper Opportunity Was Granted To The Assessee To Present Its Case In Response To The Show-Cause Notice Issued By The Ld. Cit(E). Only The Notice Was Received, However, Due To Unavoidable Circumstances, The Counsel For The Assessee Has Sought Adjournment On That Date. However, Thereafter The Notices Were Served On The Portal Which Did Not Come To The Notice Of The Assessee. The Ld. Counsel Has Further Submitted That The Sole Ground On The Basis Of Registration Of The Appellant-Society Has Been Cancelled Was That Cit(E) Observed That As Per The Balance

Section 11Section 11(5)Section 12ASection 13(1)(d)

M/S. Indian Institute of Engg. Technology, Chennai vs. DDIT, Chennai

ITA 2092/CHNY/2016[2011-12]Status: DisposedITAT Chennai05 Oct 2021AY 2011-12

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 2092/Chny/2016 िनधा"रण वष"/Assessment Year: 2011-12 M/S. Indian Institute Of Engineering The Deputy Commissioner Of Technology, No. 363, Arcot Road, Vs. Income Tax (Exemption)-Iii, Kodambakkam, Chennai 600 024. Chennai 600 034. [Pan:Aaatt2768C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Vijayaraghavan, Advocate ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 02.09.2021 घोषणा की तारीख /Date Of Pronouncement : 05.10.2021 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 17, Chennai, Dated 30.03.2016 Relevant To The Assessment Year 2011-12. Vide Common Order In M.P. Nos. 219 & 220/Chny/2018 In I.T.A. Nos. 2092 & 2093/Chny/2016 Dated 28.06.2019, The Order Passed By The Tribunal In I.T.A. No. 2092/Chny/2016 Dated 22.06.2018 For The Assessment 2011-12 Alone Has Been Recalled For Limited Purpose & Relevant Portion Of The Order Is Extracted As Under: “6. For Ay 2011-12, The Exemption U/S.11 Was Denied Only For The Reason Or Issue That Honorarium Was Paid. This Issue Was Decided In Favour Of The Assessee By The Itat In The Earlier Year & By Following That Order This Issue Was Allowed In This Year As Well In Favour Of The Assessee. The Ao Did Not 2

For Appellant: Shri R. Vijayaraghavan, AdvocateFor Respondent: Shri G. Johnson, Addl. CIT
Section 11Section 11(1)(c)Section 11(5)Section 2(15)