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

Jan Kalyan Samiti, Patna vs. CIT Exemption, Patna

In the result, both the appeals of the assessee, being ITA Nos

ITA 88/PAT/2025[2022-2023]Status: DisposedITAT Patna15 Oct 2025AY 2022-2023

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.80 & 88/Pat/2025 Assessment Year: 2022-23 Jan Kalyan Samiti…………..….………. …………………....Appellant Khasmahal, Road No.3, Chiraiyatand, Patna – 800001. [Pan: Aaatj5412D] Vs. Cit (Exemption), Patna....…..……………..………………….…..... Respondent Appearances By: Shri Anjan Biswas, Fca, Appeared On Behalf Of The Appellant. Md. Shadab Ahmed, Cit(Dr), Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 13, 2025 Date Of Pronouncing The Order : October 15, 2025 आदेश / Order Per Sonjoy Sarma: Both These Appeals By The Assessee Are Directed Against The Orders Of The Learned Commissioner Of Income Tax (Exemption), Patna, Dated 26.12.2024, For The Assessment Year 2022–23. Since The Issues Involved In Both The Appeals Pertain To The Same Assessee & Arise Out Of Common Facts & Connected Applications, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience. 2. Ita No. 88/Pat/2025 Relates To Rejection Of The Application In Form No. 10Ab Filed By The Assessee Seeking Regular Registration Under Clause (Ac)(Iii) Of Sub-Section (1) Of Section 12A Of The Income-Tax Act, 1961 & Ita No. 80/Pat/2025 Relates To Rejection Of The Application In

Section 11Section 12ASection 12A(1)(ac)Section 2(15)Section 80GSection 80G(5)

Jan Kalyan Samiti, Patna vs. CIT Exemption, Patna

In the result, both the appeals of the assessee, being ITA Nos

ITA 80/PAT/2025[2022-23]Status: DisposedITAT Patna15 Oct 2025AY 2022-23

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.80 & 88/Pat/2025 Assessment Year: 2022-23 Jan Kalyan Samiti…………..….………. …………………....Appellant Khasmahal, Road No.3, Chiraiyatand, Patna – 800001. [Pan: Aaatj5412D] Vs. Cit (Exemption), Patna....…..……………..………………….…..... Respondent Appearances By: Shri Anjan Biswas, Fca, Appeared On Behalf Of The Appellant. Md. Shadab Ahmed, Cit(Dr), Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 13, 2025 Date Of Pronouncing The Order : October 15, 2025 आदेश / Order Per Sonjoy Sarma: Both These Appeals By The Assessee Are Directed Against The Orders Of The Learned Commissioner Of Income Tax (Exemption), Patna, Dated 26.12.2024, For The Assessment Year 2022–23. Since The Issues Involved In Both The Appeals Pertain To The Same Assessee & Arise Out Of Common Facts & Connected Applications, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience. 2. Ita No. 88/Pat/2025 Relates To Rejection Of The Application In Form No. 10Ab Filed By The Assessee Seeking Regular Registration Under Clause (Ac)(Iii) Of Sub-Section (1) Of Section 12A Of The Income-Tax Act, 1961 & Ita No. 80/Pat/2025 Relates To Rejection Of The Application In

Section 11Section 12ASection 12A(1)(ac)Section 2(15)Section 80GSection 80G(5)

Haryana Building and Other Construction Workers Welfare Board, Panchkula vs. DCIT, Exemption, Chandigarh

In the result, this appeal of the Assessee stands dismissed

ITA 337/CHANDI/2023[2016-17]Status: DisposedITAT Chandigarh10 Oct 2025AY 2016-17

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 237/Chd/2020 निर्धारण वर्ष / Assessment Year : 2014-15 Haryana Building & Other Construction Workers Welfare Board, Bays No. 29- 30, Sector 4, Panchkula, Haryana The Dcit, बनाम Circle 2, Vs. Exemption, Chandigarh स्थायी लेखा सं./ Pan No: Aaath6995H अपीलार्थी/Appellant प्रत्यर्थी/Respondent आयकर अपील सं./ Ita Nos.337 To 339/Chd/2023 निर्धारण वर्ष / Assessment Years : 2016-17, 2017-18 & 2018-19 Haryana Building & Other Construction Workers Welfare Board, Bays No. 29- 30, Sector 4, Panchkula, Haryana The Dcit बनाम Exemption, Vs. Chandigarh स्थायी लेखा सं./ Pan No: Aaath6995H अपीलार्थी/Appellant प्रत्यर्थी/Respondent आयकर अपील सं./ Ita No. 63/Chd/2021 निर्धारण वर्ष / Assessment Year : 2015-16 Haryana Building & Other Construction Workers Welfare Board, Bays No. 29-30, Sector 4, Panchkula, Haryana The Dcit बनाम Exemptions, Vs. Chandigarh स्थायी लेखा सं./ Pan No: Aaath6995H अपीलार्थी/Appellant प्रत्यर्थी/Respondent ( Physical Hearing ) निर्धारिती की ओर से/Assessee By : Sh. Nikhil Goyal, Advocate, Sh. Ashok Goyal, Ca & Sh. Sifatfreet Singh, Ca राजस्व की ओर से/ Revenue By : Sh. Manav Bansal, Cit Dr सुनवाई की तारीख/Date Of Hearing 08.12.2025 उदघोषणा की तारीख/Date Of Pronouncement 10.12.2025 आदेश/Order Per Bench: The Captioned Appeals Preferred By The Assessee Are Directed Against The Separate Orders Of The Ld. Commissioner Of Income- Tax (Appeals) For Different Assessment Years, As Per The Details Given Below: S.No.

For Appellant: Sh. Nikhil Goyal, AdvocateFor Respondent: Sh. Manav Bansal, CIT DR
Section 263