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

Income-tax Act, 2025: ss.332–355

Section 13(1)(c) 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)(c) is Indian Molasses Co. Pvt. Ltd. v. CIT (37 ITR 66), cited in 206 of the 697 judgments on BharatTax that turn on this section.

Leading authorities on Section 13(1)(c)

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.

CIT v. Rajasthan & Gujarati Charitable Foundation Poona
402 ITR 441 · 2018 · Supreme Court
187
citing judgments

Depreciation is allowable as a deduction even if the expenditure for acquiring the capital asset was treated as application of income for charitable purposes. This does not constitute a double benefit.

CIT v. Tiny Tots Education Society
330 ITR 21 · 2011 · High Court
112
citing judgments

Charitable institutions are entitled to claim depreciation on assets even when the cost of acquisition has already been treated as an application of income for exemption purposes, as this does not constitute a double deduction.

1. Father Mullers Charitable Institutions 363 IT 230 (Kar.) 2. DIT(E) v. Sheth Mafatlal Gagalbhai Foundation Trust
249 ITR 533 · 2001 · High Court
108
citing judgments

Income of a trust that is taxable at the maximum marginal rate should be taxed accordingly, while other income is eligible for exemption under Section 11 of the Income-tax Act.

AGARWAL WAREHOUSING AND LEASING LTD. v. CIT
257 ITR 235 · 2002 · High Court
102
citing judgments

Orders passed by the Income Tax Appellate Tribunal are binding on all revenue authorities, including the Assessing Officer and Commissioner (Appeals), functioning under its jurisdiction. Judicial discipline requires subordinate authorities to follow these orders unreservedly, and failure to do so constitutes judicial impropriety and an error in law.

CIT v. Sheth Manilal Ranchhoddas Vishram Bhavan Trust
198 ITR 598 · 1992 · High Court
98
citing judgments

When computing the income of a charitable trust for exemption under Section 11, depreciation must be allowed as an application of income based on commercial principles. This does not constitute a double deduction.

U.P.Pollution Control Board v. Kanoria Industrial Limited
2 SCC 549 · 2001 · Reported
69
citing judgments

The State Government's power to levy Forest Development Tax (FDT) under Section 98-A of the Act is limited to specific bodies. Notifying 'lease holders of mines and quarries situated in forest area' as such a body may be ultra vires the section.

M/s Safdurjung Enclave Educational Society v. Municipal Corporation Delhi
3 SCC 390 · 1992 · Reported
49
citing judgments

Activities run on commercial lines do not fall within the ambit of charitable objects. Section 2(15) of the Income Tax Act, 1961, is applicable to such activities.

CIT v. Indian National Theatre Trust
305 ITR 149 · 2008 · High Court
45
citing judgments

A loan advanced by a charitable trust to another charitable trust can be treated as an application of income for the purpose of availing exemption under Section 11 of the Income-tax Act.

Tamil Nadu Cricket Association v. Director of Income Tax (Exemptions)
360 ITR 633 · 2014 · High Court
40
citing judgments

Violation of the conditions under Section 13 of the Income Tax Act does not automatically lead to the conclusion that the activities of a trust are not in accordance with its objects. The revenue must demonstrate that the dominant activities are in the nature of trade, commerce, or business, not merely based on the volume of receipts.

Judgments on Section 13(1)(c)

DCIT, Exemptions, Chennai vs. Sri Rengambal Educational Trust, Thiruvannamalai

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

ITA 394/CHNY/2019[2011-12]Status: DisposedITAT Chennai29 Nov 2019AY 2011-12

Bench: Shri Inturi Rama Rao & Shri Duvvuru R.L. Reddyआयकर अपील सं./I.T.A. No. 394/Chny/2019 िनधा"रण वष"/Assessment Year: 2011-12 The Deputy Commissioner Of M/S. Sri Renugambal Educational Trust, Income Tax (Exemptions-Iii), Chennai Vs. I.C.C. Road, Ettivadi, Polur Taluk, Circle, Aayakar Bhavan, Annexe Thiruvannamalai 606 907. Building, Iii Floor, 121, M.G. Road, Nungambakkam, Chennai 600 034. [Pan:Aaets9713L] (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri A. Soundararajan, Addl. Cit ""थ" की ओर से/Respondent By : None सुनवाई की तारीख/ Date Of Hearing : 14.10.2019 घोषणा की तारीख /Date Of Pronouncement : 29.11.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 17, Chennai Dated 12.12.2018 Relevant To The Assessment Year 2011-12. The Effective Ground Raised In The Appeal Of The Revenue Is That The Ld. Cit(A) Erroneously Allowed The Exemption Under Section 11 Of The Income Tax Act, 1961 [“ Act” In Short].

For Appellant: Shri A. Soundararajan, Addl. CITFor Respondent: None
Section 11Section 12Section 12ASection 13(1)Section 13(1)(c)Section 2

East Point Education Society, Delhi vs. ADIT (E), Delhi

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

ITA 2347/DEL/2017[2012-13]Status: DisposedITAT Delhi06 Sept 2019AY 2012-13

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2012-13 East Point Education Society, Vs Adit (E), F-26, Vasundhara Enclave, Trust Circle-Ii, Delhi. Delhi. Pan: Aaate2296E (Appellant) (Respondent) Assessee By : Shri Arvind Kumar Jain, Advocate Revenue By : Ms Ashima Neb, Sr. Dr Date Of Hearing : 26.08.2019 Date Of Pronouncement : 06.09.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20Th March, 2017 Of The Cit(E) Passed U/S 263 Of The It Act Relating To Assessment Year 2012-13. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Society Registered U/S 12A Of The It Act, Vide Registration Dated 10.09.1985 & Also Registration U/S 80G(5)(Vi) Of The It Act, Vide Order Dated 23.11.2009, For Assessment Year 2010-11 To 2012-13. The Assessee Society Is Running A School Named Starex International, Formerly Known As East Point School, At Vasundhara Enclave, Delhi. It Filed Its Return Of Income On 27Th September, 2012 Declaring ‘Nil’ Income Along With Audit Report U/S 12A(B) In Form No.10B & Also Balance Sheet, Income & Expenditure Account With Relevant Schedules. The Assessing Officer Completed The Assessment U/S 143(3) On 12.11.2014

For Appellant: Shri Arvind Kumar Jain, AdvocateFor Respondent: Ms Ashima Neb, Sr. DR
Section 12ASection 143(3)Section 263Section 80G(5)(vi)