Income received from a charitable/religious trust will be tax-exempt under Section 11, provided that the activity being performed is incidental to the attainment of objectives set by the trust/institution, and separate books of account are maintained by the particular trust/institution pertaining to the business. In this article, we look at some of the major exemptions provided under Section 11 of the Income Tax Act.
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When an educational society was found to be substantially engaged in genuine charitable activities, its exemption could not be denied under Section 13(1)(b) simply because a few specific expenditures happened to benefit individuals from a particular religious community.
The ITAT held that exemption under Section 10(23C)(vi) was available from AY 2018-19 because an earlier coordinate bench had already directed grant of approval. The Tribunal emphasized that judicial discipline required adherence to its previous ruling.
ITAT Indore held that delayed filing of Form 10E due to Covid-19 related circumstances should not automatically deny substantive relief under Section 89 if the assessee is otherwise eligible.
The Bangalore ITAT held that a genuine clerical mistake in Form 10 cannot deprive a charitable trust of exemption under Section 11(2) when the accumulation claim was properly disclosed elsewhere and corrected before assessment completion.
The Bangalore ITAT held that charitable trusts publishing and selling educational books do not lose Section 11 exemption merely because they earn surplus. Educational publishing activities were held distinct from commercial business activities.
The Chennai ITAT dismissed the Revenue’s appeal after finding that identical issues had already been decided in favour of the assessee in earlier assessment years. The Tribunal followed its previous ruling on software service payments.
Chennai ITAT held that seminars, workshops, conferences, and medical training programmes can qualify as “education” under Section 2(15) of the Income-tax Act. The Tribunal revived the 80G renewal application of a cardiology association and remanded the matter for fresh consideration.
The Tribunal condoned a 60-day delay after accepting explanations relating to migration of the ITAT portal and the death of a family member. The registration dispute was thereafter heard on merits.
The Tribunal ruled that corpus donations cannot be taxed merely because Section 12AA registration was granted subsequently. Once registration existed before processing of return, exemption under Section 11 could not be denied.
The Mumbai ITAT held that the appellate authority failed to consider pending writ petitions and interim directions of the Bombay High Court regarding exemption under Section 10(23C)(via). The matter was remanded for reconsideration after final disposal of the writ petitions.
