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.

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) 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)

Anil Jaggi v. ACIT
89 Taxmann.com 266 · 2018 · Reported
26
citing judgments

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.

Gem and Jewellery Export Promotion Council v. 6th ITO
68 ITD 95 · 1999 · ITAT
18
citing judgments

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.

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.

Jamsetji Tata Trust v. Jt. DIT (Exemption)
148 ITD 388 · 2014 · ITAT
14
citing judgments

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.

CIT v. State Bank of India
261 ITR 82 · 1988 · Reported
14
citing judgments

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.

Jamiatul Banaat Tankaria v. CIT (Exemption)
160 Taxmann.com 358 · 2024 · ITAT
13
citing judgments

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).

Bhojalram Leuva Patel Seva Samaj Trust v. CIT (Exemptions)
162 Taxmann.com 270 · 2024 · Reported
8
citing judgments
C. Similarly, Hon‟ble Andhra Pradesh High Courtin CWT v. Trustees of the Nizam‟s Religious Endowment Trustreported
108 ITR 229 · 1977 · Reported
5
citing judgments
PCIT(E) v. Servants of People Society
147 Taxmann.com 79 · 2023 · Supreme Court
5
citing judgments

Judgments on Section 13(1)