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

Sarva Siddhi Raja Ganapathy Trust, Mumbai vs. ACIT (CPC), Bangalore ( Original Jurisdiction With ITO (E) - 2 (2), Mumbai

ITA 3951/MUM/2019[2010-11]Status: DisposedITAT Mumbai17 Sept 2021AY 2010-11

Bench: Shri Mahavir Singh, Vp & Shri S. Rifaur Rahman, Am आमकय अऩीर िं./ Ita No. 3951/Mum/2019 (ननधाायण वर्ा / Assessment Year 2014-15) Sarva Siddhi Raja Ganapathy The Asst. Commissioner Of Trust, Income Tax, (Cpc), 1 St Bhajan Samaj Complex, 90 Feet Bangalore, Floor, Road, Garodia Nagar, Ghatkopar फनाभ/ Prestige Alpha No.48/1, East, Mumbai-400 077 48/2, Beratenaagrahara Vs. Begur Hobli, Hosur Rd, Bengaluru-560100 (अऩीराथी / Appellant) (प्रत्मथी/ Respondent) स्थामी रेखा िं./Pan No. Aaacw1258P अऩीराथी की ओय े/ Appellant By : Shri Mehul Shah, Ar प्रत्मथी की ओय े/ Respondent By : Shri Ajay Singh, Dr ुनवाई की तायीख / Date Of Hearing: 31.08.2021 घोर्णा की तायीख / Date Of Pronouncement: 17.09.2021 आदेश / O R D E R भहावीय स िंह, उऩाध्मक्ष के द्वाया / Per Mahavir Singh, Vp: This Appeal Of The Assessee Is Arising Out Of Order Of The Commissioner Of Income Tax (Appeals)]-1, Mumbai [In Short Cit(A)], In Appeal No. Cit(A)-1/8/Acit9Cpc)/2016-17 Vide Dated 09.04.2019. The Assessment Was Framed By The Asst. Commissioner Of Income Tax, (Cpc), Bangalore (In Short Acit / Ao) For The A.Y. 2014-15 Vide Order Dated 09.01.2016 Under Section 143(1) Of The Income-Tax Act, 1961 (Hereinafter ‘The Act’). Sarva Siddhi Raja Ganapathy Trust; Ay 14-15 The First Issue In This Appeal Of Assessee Is Against The 2. Order Of Cit(A) In Not Giving Sufficient Opportunity Of Being Heard To The Assessee. For This, Assessee Has Raised The Following Grounds:-

For Appellant: Shri Mehul Shah, ARFor Respondent: Shri Ajay Singh, DR
Section 11Section 12ASection 143(1)

Marougen Edu Foundation, Bangalore vs. The Principal Commissioner of Income Tax (Central), Bangalore

In the result, appeal of the assessee is dismissed

ITA 163/BANG/2021[2016-17]Status: DisposedITAT Bangalore14 Sept 2021AY 2016-17

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2016-17 M/S. Marougen Edu Foundation, Vs. The Principal Commissioner Of Income Tax No.17/1, Campbell Road, Austin Town, (Central), Bengaluru – 560 047. Bengaluru. Pan : Aabtm 0820 F Appellant Respondent Appellant By : Smt. Suman Lunkar, Ca Respondent By : Shri. Muzaffar Hussain, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 13.09.2021 Date Of Pronouncement : 14.09.2021 O R D E R Per N. V. Vasudevan: This Is An Appeal By The Assessee Against The Order Dated 15.03.2021 Of The Pr.Cit (Central), Bengaluru, Relating To Ay 2016-17. 2. The Assessee Is A Society Registered Under The Karnataka Societies Registration Act, 1960. For Assessment Year 2016-17, The Assessee Filed Return Of Income Declaring Nil Income. In The Course Of Assessment Proceedings, The Ao Issued A Notice Dated 03.12.2018 In Which The Ao Pointed Out That There Was A Survey Under Section 133A Of The Income Tax Act, 1961 (Act) Conducted In The Premises Of The Assessee On 03.11.2016. The Ao Has Also Mentioned In The Said Notice That The Documents Impounded At The Time Of Survey Show That The Assessee Which Claims Exemption Under Page 2 Of 8

For Appellant: Smt. Suman Lunkar, CAFor Respondent: Shri. Muzaffar Hussain, CIT(DR)(ITAT), Bengaluru
Section 133ASection 263