Section 11 of the Income Tax Act

Income-tax Act, 2025: ss.332–355

Section 11 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 11 is Ashok Pai v. CIT (292 ITR 11), cited in 812 of the 7,190 judgments on BharatTax that turn on this section.

Leading authorities on Section 11

Ashok Pai v. CIT
292 ITR 11 · 2007 · Supreme Court
812
citing judgments

“Concealment of particulars of income” and “furnishing inaccurate particulars of income” are two distinct offences under Section 271(1)(c) of the Income Tax Act. A penalty cannot be levied under one limb if the show cause notice or basis for penalty specifies the other, as this constitutes a complete variance in the reasons for assuming jurisdiction.

CIT v. State Bank of Bikaner & Jaipur
43 Taxmann.com 411 · 2014 · High Court
524
citing judgments

Employee contributions to provident fund, ESI, and other welfare funds, if deposited by the due date for furnishing the return of income under Section 139(1), are allowable as a deduction and cannot be disallowed under Section 36(1)(va) read with Section 2(24)(x) or Section 43B, even if deposited after the due date prescribed by the respective welfare Acts.

CIT v. Institute of Banking Personnel Selection
264 ITR 110 · 2003 · High Court
398
citing judgments

Depreciation is allowable on assets for which the cost has been fully allowed as an application of income under Section 11 in previous years, when computing the income of a charitable trust. Charitable trusts are also entitled to carry forward their deficit.

ACIT v. Ahmedabad Urban Development Authority
143 Taxmann.com 278 · 2022 · Supreme Court
390
citing judgments

If activities for the advancement of general public utility are carried on as a business, income from such activities is not exempt under Section 11, even if the profits are utilized for the main charitable object. The argument that profits from general public utility activities can be ploughed back to charity to maintain exemption is not a good law.

Addl. CIT v. Surat Art Silk Cloth Manufacturers Association
121 ITR 1 · 1980 · Supreme Court
328
citing judgments

A charitable institution, whose predominant object is general public utility, can engage in non-charitable activities yielding incidental profits, provided these profits are deployed to achieve the dominant charitable object. A subsidiary object, if ancillary to the primary charitable purpose, does not negate the institution's charitable character.

Sole Trustee, Loka Shikshana Trust v. CIT
101 ITR 234 · 1975 · Supreme Court
323
citing judgments

This case defines 'education' under Section 2(15) of the Income Tax Act as systematic instruction, schooling, or training given to the young for preparation for the work of life. It clarifies that 'education' in this context has a narrow meaning, not extending to every acquisition of further knowledge.

Exide Industries Ltd. v. Union of India
292 ITR 470 · 2007 · High Court
320
citing judgments

The Calcutta High Court held that restricting deduction for leave encashment via Section 43B(f) was arbitrary and contrary to Supreme Court decisions. However, this judgment was later stayed by the Supreme Court.

Escorts Ltd. v. UOI
199 ITR 43 · 1993 · Supreme Court
267
citing judgments

A statute should not be construed to permit double deduction for the same expenditure unless specifically provided by law.

K.C. Builders & Anr. v. ACIT
265 ITR 562 · 2004 · Supreme Court
241
citing judgments

When the addition made in the assessment order, on the basis of which a penalty for concealment under section 271(1)(c) is levied, is subsequently deleted, the penalty has no basis and must be cancelled.

Indian Molasses Co. Pvt. Ltd. v. CIT
37 ITR 66 · 1959 · Supreme Court
206
citing judgments

Expenditure is defined as money paid out or away, which is gone irretrievably. To be deductible under Section 37(1), expenditure must be wholly and exclusively for business, not capital or personal, and not fall under specific provisions of Sections 30 to 36, often justifiable on grounds of commercial expediency.

Judgments on Section 11

Income Tax Officer (Exemptions), Bhubaneswar vs. Navodaya Trust, Bhubaneswar

In the result, appeal of the revenue stands dismissed

ITA 159/CTK/2024[2022-23]Status: HeardITAT Cuttack03 Jun 2024AY 2022-23

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2022-23 Income Income Tax Tax Officer Officer Vs. Navodaya Trust, Navodaya Trust, (Exemptions), Bhubaneswar (Exemptions), Bhubaneswar Plot Plot No.1881(3 No.1881(3 & And 4), 4), Infront Of Bpcl Petrol Infront Of Bpcl Petrol Pump, Chandrasekharpur, Chandrasekharpur, Bhubaneswar War Pan/Gir No Pan/Gir No.Aaaatn 2553 M (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri S.K.Sarangi, Ca S.K.Sarangi, Ca Revenue By : Shri Sanjay Kumar, Cit : Shri Sanjay Kumar, Cit Dr Date Of Hearing : 03/0 06/2024 Date Of Pronouncement : 03/0 /06/2024 O R D E R Per Bench This Is An Appeal Filed By The Revenue Against The Order Of The Ld Against The Order Of The Ld Addl/Jcit(A)-1, Vadodara 1, Vadodara Dated 19.1.2024 In Appeal No. In Appeal No.Nfac/2021- 22/10235479 For The Assessment Year 2022-23. 2. Brief Facts Of The Case Are That The Assessee Has Filed Its Return Of Brief Facts Of The Case Are That The Assessee Has Filed Its Return Of Brief Facts Of The Case Are That The Assessee Has Filed Its Return Of Income On 2.11.2022, Which Was Processed U/S.143(1) Of The Act Dated Income On 2.11.2022, Which Was Processed U/S.143(1) Of The Act Dated Income On 2.11.2022, Which Was Processed U/S.143(1) Of The Act Dated 4.4.2023, Wherein, Exempt 4.4.2023, Wherein, Exemption Claimed By The Assessee U/S.11 Has Been Ion Claimed By The Assessee U/S.11 Has Been Denied & The Gross Receipts Has Been Taxed. Against This, The Assessee Denied & The Gross Receipts Has Been Taxed. Against This, The Assessee Denied & The Gross Receipts Has Been Taxed. Against This, The Assessee P A G E 1 | 3 Assessment Year : 20022-23

For Appellant: Shri S.K.Sarangi, CAFor Respondent: Shri Sanjay Kumar, CIT
Section 11Section 12ASection 139(1)Section 143(1)

Annai Velankanni Educational and Social Society, Cuddalore vs. DCIT (Exemptions), Chennai

The appeal stand allowed

ITA 1278/CHNY/2024[2018-19]Status: DisposedITAT Chennai03 Jun 2024AY 2018-19

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ Ita No.1278/Chny/2024 (िनधा*रण वष* / Assessment Year: 2018-19) & 2. Stay Application No.25/Chny/2024 (In Ita No.1278/Chny/2024) (िनधा*रण वष* / Assessment Year: 2018-19) Annai Velankanni Educational & Dcit (Exemptions) बनाम/ Social Society Chennai-34. Angucherry Palayam, Panruti Vs. Cuddalore-607 106. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabta-9910-E (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Ms. N.V. Lakshmi (Advocate)-Ld. Ar " थ"कीओरसे/Respondent By : Shri Ar V Sreenivasan (Addl.Cit) -Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 22-05-2024 घोषणाकीतारीख /Date Of Pronouncement : 03-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee Arises Out Of An Order Passed By Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] On 15-03-2024 In The Matter Of Penalty Levied By Ld. Assessing Officer [Ao] Of Rs.41.40 Lacs U/S 270A Of The Act Allegedly For Under-Reporting Of Income Vide Order Dated 26-

For Appellant: Ms. N.V. Lakshmi (Advocate)-Ld. ARFor Respondent: Shri AR V Sreenivasan (Addl.CIT) -Ld. DR
Section 11Section 12ASection 270(9)Section 270A

Mahavir Kelavani Mandal, Antroli vs. Ward- Exemption, Vadodara

In the result, the appeal of the assessee is allowed

ITA 468/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad27 May 2024AY 2016-17

Bench: Ms. Suchitra R. Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2016-17 Mahavir Kelavani Mandal, Vs Deputy Commissioner Of Antroli, Income-Tax, C/O. Mahavir Kelavani Mandal, Bangalore Nadiad, Gujarat – 387366 Pan: Aactm 6322 R अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sunil Talati, Ar Revenue By : Shri N.J. Vyas, Sr Dr सुनवाई की तारीख/Date Of Hearing : 14/05/2024 घोषणा की तारीख /Date Of Pronouncement : 27/05/2024 आदेश/O R D E R Per Makarand V. Mahadeokar: Aforesaid Appeal By Assessee For Assessment Year (Ay) 2016-17 Arises Out Of The Order Of Learned Commissioner Of Income Tax (Appeals)-4, Bengaluru (Hereinafter Referred To As 'Cit(A)’) Dated 29.02.2024, In The Matter Of Intimation Issued U/S 143(1) Issued By Cpc, Bangalore On 01.03.2019. 2. Following Are The Grounds Of Appeal Before Us:_ “1. The Ld. Cit(A) Has Erred In Upholding The Disallowance Made In The Intimation Order Passed U/S 143(1) Of The It Act Which Was Passed Without Giving Any Opportunity Of Being Heard To Your Appellant. In The Said Intimation Order, The Claim Of Exemption U/S 11 Of The It Act Is Denied & A Demand Is Raised. Such Arbitrary Disallowance Of Exemption Is Prayed To Be Deleted. 2. The Ld. Cit(A) Has Upheld The Disallowance Of Exemption U/S 11 Of The It Act In The Intimation Order Passed U/S 143(1) Of The It Act Making An Addition Of Rs. 40,67,000/- On Account Of Income Chargeable U/S 12(2) Of The Mahavir Kelavani Mandal Vs. Dcit Asst. Year : 2016-17 2

For Appellant: Shri Sunil Talati, ARFor Respondent: Shri N.J. Vyas, Sr DR
Section 11Section 12(2)Section 12ASection 139(9)Section 143(1)Section 250