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

Pace Charitable Trust, Chennai vs. CIT(A), NFAC, Delhi

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

ITA 588/CHNY/2021[2018-19]Status: DisposedITAT Chennai06 May 2022AY 2018-19

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.588/Chny/2021 िनधा"रण वष"/Assessment Year: 2018-19 Pace Charitable Trust, Vs. The Income Tax Officer, Block-Z-12, Z-2, Anna Nagar West, Exemption Ward 3, Chennai 600 040. Chennai. [Pan:Aaatp3766A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K. Meenakshisundaram, Itp ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 18.04.2022 घोषणा की तारीख /Date Of Pronouncement : 06.05.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], New Delhi Dated 18.11.2021 Relevant To The Assessment Year 2018-19. 2. Brief Facts Of The Case Are That The Assessee Is A Charitable Trust Registered Under Section 12Aa Of The Income Tax Act, 1961 [“Act” In Short]. The Assessee Trust Filed Its Return Of Income On 25.10.2018 For The Assessment Year 2018-19 Admitting Income Of ₹.14,58,407/-. The Tax

For Appellant: Shri K. Meenakshisundaram, ITPFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 11Section 12Section 12ASection 143(1)

Devi Academy, Chennai vs. DDIT (Exemptions) III, Chennai

In the result, the appeal of the assessee is partly allowed

ITA 1054/CHNY/2019[2011-12]Status: DisposedITAT Chennai28 Apr 2022AY 2011-12

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकर अपील सं./Ita No.: 1054/Chny/2019 िनधा"रण वष" /Assessment Year: 2011-12 M/S. Devi Academy, The Ddit ( Exemptions)-Iii, C/O. Shri T.N. Seetharaman, V. Chennai - 34. Advocate, #384, (Old No.196), Lloyds Road, Chennai – 600 086. Pan: Aaatd 1676M (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri T.N. Seetharaman, Advocate ""यथ" क" ओर से/Respondent By : Shri P. Muthushankar, Addl.Cit सुनवाई क" तार"ख/Date Of Hearing : 28.04.2022 घोषणा क" तार"ख/Date Of Pronouncement : 28.04.2022 आदेश /O R D E R Per Mahavir Singh, Vp: This Appeal By The Assessee Is Arising Out Of The Order Of Commissioner Of Income Tax (Appeals)-17, Chennai In Ita Nos.145/2014-15/Cit(A)-17 Dated 30.01.2019. The Assessment Was Framed By The Ddit (Exemptions)-Iii, Chennai For The Assessment Year 2011-12 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 22.03.2014. I.T.A. No.1054/Chny/2019 2 2. The First Issue In This Appeal Of Assessee Is As Regards To The Order Of Cit(A) Confirming The Action Of Ao In Denying Exemption U/S.11 Of The Act To The Assessee’S Trust For The Violation Of Provision Of Section 13(1)(C) Of The Act In Regard To Payment Of Rs.5,00,000/- Dated 27.09.2010 Made To Dr.P.N. Parameswaran, Founder Trustee & Smt. R. Jeyalekhsmy, Permanent Trustee. The Assessee Has Raised Various Interconnected Grounds & Argumentative Grounds Which We Need Not To Reproduce.

For Appellant: Shri T.N. Seetharaman, AdvocateFor Respondent: Shri P. Muthushankar, Addl.CIT
Section 11Section 13(1)(c)Section 143(3)