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)

Ace Derivatives & Commodity Exchange Investor (Client) Prtaection Fund Trust, Mumbai vs. DIT (E), Mumbai

In the result, the appeal filed by the assessee is hereby ordered to be allowed

ITA 6580/MUM/2014[]Status: DisposedITAT Mumbai28 Mar 2018

Bench: Shri G.S. Pannu, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.6580/Mum/2014 (निर्धारण वर्ा / Assessment Year: 20014-15) Ace Derivatives & बिधम/ Director Of Income Tax Commodity Exchange (Exemption), Vs. 6Th Floor, Piramal Chambers Investor (Client) Protection Fund Trust Parel Mumbai. 400012 401B, Infinity It Park, Gen. Ak Vaidya Marg, Dindoshi Malad (E), Mumbai 400097 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadta9506A (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri R. P. Meena (Cit Dr) Assessee By: Shri Chetan Kakka (Ar) सुनवाई की तारीख / Date Of Hearing: 23.03.2018 घोषणा की तारीख /Date Of Pronouncement: 28.03.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 30.09.2014, Passed By The Director Of Income- Tax (Exemption), 6Th Floor, Piramal Chambers, Parel, Mumbai- 400012 In Which The Application Moved By The Appellant U/S 12A Of The Act Has Been Ordered To Be Rejected. 2. The Appellant Has Raised The Following Grounds:- “1. Director Of Income Tax(Exemption) Hereinafter Referred As ‘Dit(E)’ Erred In Rejecting The Application For Registration U/S 12Aa Of The Income Tax Act, 1961 Ignoring All Merits Of The Case.

For Appellant: Shri Chetan Kakka (AR)For Respondent: Shri R. P. Meena (CIT DR)
Section 12ASection 13(3)Section 2(15)

Singhania Foundation Education Trust, Kolkata vs. DDIT (Exemptions)-1, Kolkata

In the result, the appeal filed by the assessee, is allowed for statistical purposes

ITA 1368/KOL/2016[2010-11]Status: DisposedITAT Kolkata29 Nov 2017AY 2010-11

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1368/Kol/2016 (िनधा"रणवष" / Assessment Year: 2010-11 Singhania Foundation Vs. Ddit(Exempt)-1, Kolkata Education Trust E-12, 1St Floor, 75C, Park Street, 71, 10B, Middleton Row, 5T H Kolkata – 700 016. Floor, Kolkata. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aacts 6459 B (Appellant) .. (Respondent) Appellant By :Shri K. M. Roy & Anshuman Tiwari, Ar Respondent By :Shri Sallong Yaden, Addl. Cit सुनवाईक"तारीख/ Date Of Hearing : 01/09/2017 घोषणाक"तारीख/Date Of Pronouncement : 29/11/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2010-11, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)–25, Kolkata, In Appeal No.143/2014-15, Dated 15.04.2016, Which In Turn Arises Out Of An Order Passed By The Assessing Officer Under Section 143(3)/11 Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 11.01.2013. 2. The Assessee Has Raised The Revised Grounds Of Appeal As Under: “1.That Ld. Cit(A) Has Erred In Denying Benefit U/S 11 Of It Act By Applying Explanation To Section 11(2) Of The It Act, 1961 Without Appreciating The Fact That The Sum Of Rs.2283087/- Has Been Applied /Spent For Educational Purposes Out Of Current Year’S Income & There Was No Application For Accumulation. 2.That Ld. Ci(Ta) Could Not Appreciate The Precedents For Earlier Years Under Similar Facts & Circumstances & Has Dealt The Issue Which Was Not The Subject Matter Of Assessment In A Altogether Different Manner. 3.That Appellant Reserves The Right To Raise Additional Grounds At The Time Of Hearing.” 3. The Brief Facts Qua The Issue Are That Return Of Income For A.Y 2010-11 Was Filed By The Trust On 28.09.2010 Declaring Total Income Of Rs.Nil. The Assessee’S Return Of Income Was Processed U/S 143(1) On 20.03.2012. Later

For Appellant: Shri K. M. Roy & Anshuman Tiwari, ARFor Respondent: Shri Sallong Yaden, Addl. CIT
Section 11Section 11(2)Section 13(3)Section 143(1)Section 143(2)Section 143(3)