Section 13(1) of the Income Tax Act
Income-tax Act, 2025: ss.332–355
Section 13(1) 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.
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) is Anil Jaggi v. ACIT (89 Taxmann.com 266), cited in 26 of the 46 judgments on BharatTax that turn on this section.
Leading authorities on Section 13(1)
Additions made on account of alleged on-money payments for property purchases are invalid if not supported by adequate material, especially when based on seized electronic data without corroboration.
Expenses incurred outside India for promotional activities benefit the entire trade in India, thus satisfying the requirement for application of income for charitable purposes within India, even if the expenditure occurs abroad.
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.
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.
An education grant given to Indian students for studying abroad fulfills the conditions for application of money to claim exemption under Section 11, even if the final execution of the purpose occurs outside India. This does not constitute a violation of Section 11(1)(c) or an application of funds outside India.
A trust for charitable purposes in India and abroad is eligible for exemption even if its deed provides for application of income abroad, provided the income is actually applied or accumulated for application in India. Only the portion of income actually applied or accumulated abroad is not exempt.
Section 13(1)(b) can only be invoked at the time of assessment, not when granting registration under Section 12A. If an assessee-trust's objects are primarily charitable, not favouring a specific religious community, registration should not be denied based on Section 13(1)(b).