Section 13(3) of the Income Tax Act

Income-tax Act, 2025: ss.332–355

Section 13(3) 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(3) is CIT v. Society of the Sisters of St. Anne (146 ITR 28), cited in 195 of the 563 judgments on BharatTax that turn on this section.

Leading authorities on Section 13(3)

CIT v. Society of the Sisters of St. Anne
146 ITR 28 · 1984 · High Court
195
citing judgments

Depreciation claimed by a charitable trust on its assets is an allowable application of income for computing exemption under Section 11, and this does not constitute a double deduction.

Director of Income-tax (Exemption) v. Framjee Cawasjee Institute
109 CTR 463 · 1993 · High Court
191
citing judgments

A charitable trust is allowed to claim depreciation on its assets for computing its income, even if the capital expenditure incurred on acquiring those assets was treated as an application of income in the year of acquisition.

CIT v. Synopsis International Old Ltd.
212 Taxmann 454 · 2013 · High Court
177
citing judgments

Payments for computer software are treated as royalty income under Section 9(1)(vi) of the Income-tax Act, particularly concerning the expanded definition provided by Explanation 2 and Explanation 4.

CIT v. Wipro Ltd.
203 Taxmann 621 · 2011 · High Court
140
citing judgments
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.

CIT v. Andhra Pradesh State Road Transport Corporation
159 ITR 1 · 1986 · Supreme Court
102
citing judgments

An organization qualifies as charitable under Section 2(15) only if its income and property are solely applied for its charitable objects and, upon dissolution, its residual assets are restricted for utilization exclusively for charitable purposes, not for distribution to members or as general state revenue.

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.

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. Raipur Pallottine Society
180 ITR 579 · 1989 · High Court
79
citing judgments

Depreciation is deductible when computing the income of a charitable trust under Section 11, and treating both depreciation and capital expenditure as an application of income for charitable purposes does not amount to a double deduction.

Judgments on Section 13(3)

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)