Section 115BBC of the Income Tax Act

Income-tax Act, 2025: ss.332–355

Section 115BBC of the Income-tax Act, 1961 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 115BBC is Mullers Charitable Institutions 363 IT 230 (Kar.) 2. DIT(E) v. Sheth Mafatlal Gagalbhai Foundation Trust ( (163 Taxmann 19), cited in 54 of the 202 judgments on BharatTax that turn on this section.

Leading authorities on Section 115BBC

Mullers Charitable Institutions 363 IT 230 (Kar.) 2. DIT(E) v. Sheth Mafatlal Gagalbhai Foundation Trust (
163 Taxmann 19 · 2007 · High Court
54
citing judgments
S.R.M.M.C.T.M Tiruppani Trust v. CIT
230 ITR 636 · 1998 · Supreme Court
54
citing judgments

Capital expenditure incurred by a trust from its own funds is considered an application of income, entitling the trust to claim exemption under Section 11(1) of the Income-tax Act.

L. Hazarimal Kuthalia v. ITO
41 ITR 12 · 1961 · Supreme Court
47
citing judgments

The exercise of a power must be referable to a jurisdiction that validates it, not one that would render it nugatory. Provisions concerning the machinery for assessment must be interpreted to make the tax charge effective.

IT v. Andhra Pradesh Road Transport Corporation (1986) 159 ITR 1 (SC), Thiagrajan Charities v. Addl. CIT
225 ITR 1010 · 1997 · Supreme Court
39
citing judgments

For funds to be considered part of a charitable activity, the predominant object of the institution must be charitable, not profit-making. Any surplus generated must be redeployed in charitable activities.

Welham Boys' School Society v. CBDT
285 ITR 74 · 2006 · High Court
36
citing judgments

An order passed by the CIT under Section 12A of the Income Tax Act is quasi-judicial. Until October 1, 2004, there was no express provision in the Act for the CIT to cancel a registration certificate once granted.

Director of Income-tax v. Garden City Educational Trust
330 ITR 480 · 2011 · High Court
26
citing judgments

A trust with education as an object, which qualifies as a charitable purpose under section 2(15), should be accepted as having a charitable purpose. The grant of registration under section 12A is applicable when a trust has education as an object.

Isha Beevi v. TRO
101 ITR 449 · 1975 · Supreme Court
25
citing judgments

An error in mentioning the specific sub-section of a law, or referencing a wrong section, does not invalidate an action if the authority otherwise possesses the power to take that action.

Assessing Officer. 75. In Sanjeevamma Hanumanthe Gowda Charitable Trust v. Director of Income Tax (Exemption)
285 ITR 327 · 2006 · High Court
23
citing judgments

Authorities must consider both the objects and activities of a trust when deciding on registration under Section 12A, and registration cannot be refused solely because charitable activities haven't been conducted yet if the objects are charitable.

1. ACIT v. Marvel Associates (ITAT Vishakhapatnam) 2. Smt. Aparna Agrawal vs. DCIT
105 Taxmann.com 233 · 2019 · ITAT
21
citing judgments
M/s Seksaria Biswan Sugar Factory Ltd. and Another v. Inspecting Assistant Commissioner and Others
184 ITR 123 · 1990 · High Court
20
citing judgments

The withdrawal of approval for a deduction, such as under Section 35CCA, cannot be given retrospective effect, and any reassessment notice based on such a retrospective cancellation is invalid. An assessee should not suffer due to the department's mistakes, and withdrawal of approval can only be prospective.

Judgments on Section 115BBC

Asha Memorial Trust, Bhubaneswar vs. A.C.I.T (Exemtion Circle), Bhubaneswar

In the result, appeal of the assessee is allowed

ITA 10/CTK/2024[2017-18]Status: DisposedITAT Cuttack05 Aug 2024AY 2017-18

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.10/Ctk/2024 (ननधाारण वषा / Assessment Year : 2017-2018) Asha Memorial Trust, Vs Acit(Exemption Circle) Bhubaneswar Plot No.01, Satya Nagar, Near Central School, Bhubaneswar-751007 Pan No. :Aabta 3463 G (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 05/08/2024 घोषणा की तारीख/Date Of Pronouncement : 05/08/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 23.11.2023, Passed By The Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Passed In I.T.Appeal No.Itba/Nfac/S/250/2023- 24/1058186245(1), For The Assessment Year 2017-2018. 2. It Was Submitted By The Ld. Ar That The Assessee Is A Charitable Trust Having Registration U/S.12A Of The Act. It Was The Submission That The Assessee Is Running An Educational Institution Under The Name & Style As “Kalinga Bharati Residential College”. It Was The Submission That The Return Filed By The Assessee Came To Be Processed & An Addition Of Rs.53 Lakhs Was Made Alleging The Same To Be Anonymous Donations. It Was Submitted Before The Ao That The Donations Had Been Brought By The Chairman Of The Assessee Trust; The Source From Which The Chairman

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 115BSection 12A