Section 164(2) of the Income Tax Act

Income-tax Act, 2025: s.307

Section 164(2) falls under section 164 of the Income-tax Act, 1961, which corresponds to section 307 (Charge of tax where share of beneficiaries unknown) of the Income-tax Act, 2025.

Read section 307 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 164(2) is 1. Father Mullers Charitable Institutions 363 IT 230 (Kar.) 2. DIT(E) v. Sheth Mafatlal Gagalbhai Foundation Trust (249 ITR 533), cited in 108 of the 122 judgments on BharatTax that turn on this section.

Leading authorities on Section 164(2)

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.

DIT v. Bharat Diamond Bourse
259 ITR 280 · 2003 · Supreme Court
86
citing judgments

Violation of investment mandates under Section 13(1)(d) of the Income Tax Act, 1961, for a charitable trust results in the complete denial of exemption under Section 11 of the Act.

CIT v. Fr, Mullers Charitable Institutions
51 Taxmann.com 378 · 2014 · Supreme Court
39
citing judgments

Income earned from investments or deposits made in violation of Section 13(1)(d) of the Income Tax Act is taxable, but only to the extent of the income so earned, not the entire corpus. Circular No. 387, dated 06.07.1994, supports this interpretation and binds the revenue authorities.

CIT v. Working Women’s Forum
365 ITR 353 · 2014 · High Court
34
citing judgments

When an exemption is denied under Section 13(1)(c) or (d), the denial of exemption applies only to the portion of income that violates these provisions, not the entire income.

DIT(E) v. Charanjiv Charitable Trust
43 Taxmann.com 300 · 2014 · High Court
28
citing judgments

A charitable trust can claim depreciation on a capital asset even if its cost was treated as application of income for charitable purposes. Allowing depreciation does not constitute double allowance.

M.N. Desai Charitable Trust v. CIT
172 ITR 382 · 1988 · High Court
26
citing judgments
31. In Suraj Mall Mohta and Co. v. A. V. Visvanatha Sastri
26 ITR 1 · 1954 · Supreme Court
26
citing judgments

Assessment proceedings before the Income-tax Officer are judicial proceedings. The assessee has a right to inspect the record and all relevant documents before being called upon to lead evidence in rebuttal.

(1) DCIT v. Working Women's Forum
235 Taxmann 516 · 2015 · Supreme Court
25
citing judgments
Commissioner of Income-tax, Central- Ill, Chennai v. Balaji Educational & Charitable Public Trust
56 Taxmann.com 182 · 2015 · Reported
15
citing judgments
CIT v. Idicula Trust Society
104 DTR 9 · 2014 · High Court
15
citing judgments

Remuneration drawn by heads of charitable institutions is permissible if it is neither excessive nor unreasonable, and the department cannot dictate the methods of operation.

Judgments on Section 164(2)