Section 13(1)(b) of the Income Tax Act

Income-tax Act, 2025: ss.332–355

Section 13(1)(b) falls under section 13 of the Income-tax Act, 1961, which 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 13(1)(b) is CIT v. Dawoodi Bohra Jamat (364 ITR 31), cited in 83 of the 211 judgments on BharatTax that turn on this section.

Leading authorities on Section 13(1)(b)

CIT v. Dawoodi Bohra Jamat
364 ITR 31 · 2014 · Supreme Court
83
citing judgments

A trust's objects, even if based on religious tenets, can qualify as charitable for tax exemptions if its benefits are not exclusively restricted to a particular religious community or caste.

CIT v. Ahmedabad Rana Caste Association
140 ITR 1 · 1983 · Supreme Court
82
citing judgments

An object beneficial to a section of the public, as distinguished from an individual or group of individuals, qualifies as an object of general public utility under Section 2(15) and hence a charitable purpose. This applies even if the benefits are restricted to a specific caste, community, or professional group.

CIT v. Dawoodi Bohara Jamat
43 Taxmann.com 243 · 2014 · Supreme Court
57
citing judgments

Section 13(1)(b) of the Income-tax Act applies to composite trusts that engage in both religious and charitable activities, meaning such trusts may be excluded from exemption under Section 11.

Tranvancore Cements Ltd. v. Asst. CIT
305 ITR 170 · 2008 · High Court
37
citing judgments

Once an Assessing Officer forms a reason to believe that income has escaped assessment and issues a notice under section 148, they can assess or reassess income related to other issues not originally included in the reasons recorded.

CIT (Exemptions) v. Bayath Kutchhi Dasha Oswal Jain Mahajan Trust
74 Taxmann.com 199 · 2016 · High Court
35
citing judgments

Section 13(1)(b) of the Income Tax Act is applicable at the stage of granting exemption, not during the process of granting registration under section 12A/12AB, provided the trust's objects are charitable in character for the general public at large and not solely for the benefit of a particular religious community.

CIT v. Palghat Shadi Mahal Trust
254 ITR 212 · 2002 · Supreme Court
24
citing judgments

A charitable trust established for the benefit of a specific community is disqualified from exemption under section 11 if it extends benefits to other communities, as this violates the provisions of section 13(1)(b).

CIT(E) v. Jamiatul Banaat Tankaria
168 Taxmann.com 35 · 2024 · High Court
20
citing judgments

The Commissioner of Income-tax (Exemptions) cannot invoke Section 13(1)(b) at the stage of granting registration under Section 12AB, especially when the assessee has a valid registration. Section 13(1)(b) is only attracted after the assessee has crossed the hurdle of being eligible for exemption under Section 11 by obtaining registration.

CIT v. Bayath Kutchhi Dasa Oswal Jain Mahajan Trust
8 ITR-OL 494 · 2017 · High Court
19
citing judgments

Section 13(1)(b) cannot be invoked at the stage of registration under Section 12A; it is attracted only at the time of assessment for exemption under Section 11.

Malik Hasmullah Islamic Educational and Welfare Society v. CIT
24 Taxmann.com 93 · 2012 · ITAT
17
citing judgments

The Commissioner is not competent to invoke provisions of Sections 11, 12, and 13 of the Income Tax Act for the purpose of declining registration under Section 12AA. These provisions are intended for the Assessing Officer's jurisdiction during assessment proceedings, not for granting registration.

St. Joseph Academy v. DIT (Exemption)
50 Taxmann.com 216 · 2014 · ITAT
16
citing judgments

The Assessing Officer can invoke provisions of Section 13 of the Income-tax Act, 1961, while framing an assessment, but the Commissioner cannot invoke these provisions to decline registration under Section 12AA of the Act.

Judgments on Section 13(1)(b)

Agrawal Sabha, Rajnandgaon vs. Exemption Ward 2, Raipur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 438/RPR/2026[2027]Status: DisposedITAT Raipur13 Jul 2026

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Avdhesh Kumar Mishra, Am आयकर अपील सं./Ita No: 438/Rpr/2026 (िनधा"रण वष" Assessment Year: Na) Agrawal Sabha, Agrasen Bhawan, Vs Commissioner Of Income-Tax Near Bus Stand, Ward No.25, (Exemption), Bhopal, Rajnandgaon-491441, C.G. Room No.201, Ii Floor, Metro Walk Building, Reac, Bhopal-462016, M.P. Pan: Aabta2733M (अपीलाथ"/Appellant) : (""थ" / Respondent) िनधा"रती की ओर से / Assessee By : Shri Bikram Jian Ca Shri Harish Chand Jain, Ca Shri Harsh Jain, Ca राज" की ओर से / Revenue By : Shri Piyush Tripathi, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 03/07/2026 घोषणा की तारीख / Date Of : 13/07/2026 Pronouncement आदेश / O R D E R Per Avdhesh Kumar Mishra, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.03.2026 Of Commissioner Of Income Tax (Exemption), [Cit(E)], Bhopal Rejecting Not Only The Renewal Of Registration Under Section 12A(1)(Ac)(Ii) Of The Income Tax Act, 1961 (‘Act’) But Also The Registration Under Section 12Ab Of The Act.

For Appellant: Shri Bikram Jian CAFor Respondent: Shri Piyush Tripathi, Sr. DR
Section 12(1)(ac)Section 12ASection 12A(1)(ac)Section 13(1)(b)

Amigos Prasasth Path Social Welfare Society, Kolkata vs. CIT(Exemption), Kolkata

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 1501/KOL/2025[---]Status: DisposedITAT Kolkata27 Oct 2025

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1500 & 1501/Kol/2025 Amigos Prasasth Path Social Welfare Society.……….……….……….……Appellant 1 Ram Krishna Bagchi Lane, Beadon Street, Battala, Kol- 700006.. [Pan: Aajta7599P] Vs. Cit (Exemption), Kolkata………………………………….....……...…..…..Respondent Appearances By: Shri Giridhar Dhelia, Advocate, Appeared On Behalf Of The Appellant. Shri Raja Sengupta, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 08, 2025 Date Of Pronouncing The Order : October 27, 2025 Order Per Pradip Kumar Choubey: Both The Present Appeals Have Been Preferred By The Assessee Against Separate Orders Both Dated 28.06.2025 Of The Commissioner Of Income Tax (Exemption), Kolkata [Hereinafter Referred To As ‘Cit(E)’] Rejecting The Separate Applications Filed In Form 10Ab For Final Approval As Per The Provisions Of Sections 12A(1)(Ac)(Iii) & 80G(5)(Iii) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since Both The Appeals Relate To The Same Assessee & Arise From The Final Registration U/S 12A Of The Act Which Is Compulsory For Getting Subsequent Registration U/S 80G Of The Act Which Are Interconnected In Both The Appeals & Therefore, These Appeals Were Heard Together & We Are Going To Dispose Of These Appeals By Passing A Consolidated Order. Ita No.1500/Kol/2025 Is Taken As Lead Case For Narration Of Facts.

Section 12ASection 12A(1)(ac)Section 80G