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)

G D Education Society, Noida vs. DCIT/ACIT Central Circle, Ghaziabad

In the result, the appeal of the assessee is allowed

ITA 4814/DEL/2025[2024-25]Status: DisposedITAT Delhi22 May 2026AY 2024-25

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalg.D. Education Society, Dcit/Acit, A-73, Sector-34, Noida, Central Circle, Uttar Pradesh-201301. Vs. Ghaziabad. Pan-Aaatg0921E (Appellant) (Respondent) Assessee By Shri Gaurav Jain, Adv. & Shri Tarun Chanana, Adv. Department By Shri Dayainder Singh Sidhu, Cit-Dr Date Of Hearing 24.03.2026 Date Of Pronouncement 22.05.2026 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Revenue Against The Order Of Ld. Principal Commissioner Of Income Tax [Ld. Pcit In Short] Dated 26.06.2025 For Asst. Year 2024-25 Passed U/S 12(Ab)(4)(Ii) Of The Income Tax Act, 1961 [The Act]. 2. Brief Facts Of The Case Are That Assessee Is A Society Registered Under The Society Registration Act, 1860 & Is Engaged In Its Predominant Objects Of Imparting Education Which Falls Within The Definition Of Charitable Purpose U/S 2(15) Of The G.D. Education Society Vs. Dcit Act. The Society Was Granted Registration U/S 12Aa/12A Of The Act By The Commissioner Of Income Tax, Meerut Dated 06.02.1989. It Was Further Granted Registration U/S 12Ab Of The Act Vide Order Dated 24.09.2021 For Assessment Year 2022-23 To 2026-27. The Appellant Society Has Managed Three Educational Institutions Imparting Education To The Students Of Diverse Socio Economic Background Namely (I) Billabong High International School, Nodia, (Ii) Kangaroo Kids School, Noida & (Iii) Sanchetna, Noida. A Search & Seizure Operation U/S 132 Of The Act Was Conducted On 11.07.2023 In The Case Of Ppc Group Companies & Consequential Search Was Carried In The Case Of Assessee Society Also. It Is The Claim Of The Assessee That No Incriminating Material Evidence Was Found During The Course Of Search Action On The Assessee Society So As To Casts Any Doubt About The Nature & Genuineness Of Its Pre Dominant Activity Of Imparting Education.

Section 12Section 12ASection 13(3)Section 132Section 143(3)Section 2(15)