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Documents citing S.Rm.M.Ct.M. Tiruppani Trust vs The Commissioner Of Income Tax on 4 February, 1998

Commissioner Of Income Tax vs M.Ct. Muthiah Chettiar Family Trust & ... on 30 November, 1999

20. Accordingly, we answer the first question of law, as reframed by us, in the affirmative and against the revenue , In view of our answer to the first question, it is not necessary to render any answer to the second question, though the issue raised in the said question is concluded against the revenue by the decisions of the Supreme Court in Addl. CIT v. A.L.N. Rao Charitable Trust (1995) 129 CTR (SC) 205 .. (1995) 216 ITR 697 (SC) and S.RM.M.CT.M Tiruppani Trust v. CIT (supra). However, in the circumstances of the case, there will be no order as to costs.
Madras High Court Cites 28 - Cited by 0 - Full Document

Commissioner Of Income-Tax vs M. Ct. Muthiah Chettiar Family Trust And ... on 30 November, 1999

26. Accordingly, we answer the first question of law, as reframed by us, in the affirmative and against the Revenue. In view of our answer to the first question, it is not necessary to render any answer to the second question, though the issue raised in the said question is concluded against the Revenue by the decisions of the Supreme Court in Addl. CIT v. A. L. N, Rao Charitable Trust [1995] 216 ITR 697 and S. RM. M. CT. M, Tiruppani Trust v. CIT [1998] 230 ITR 636. However, in the circumstances of the case, there will be no order as to costs.
Madras High Court Cites 24 - Cited by 17 - Full Document

Ito, New Delhi vs M/S National Meat And Polutry ... on 28 June, 2017

In the present case, it appears that the AO after making 8 ITA No.568/Del/2017 proper inquiries considered the amount of the advance given for purchase of the equipment which was to be installed in the laboratory, as an application of the income to meet the objectives of the society, the view taken by the AO was inconsonance with the judgments of Hon'ble Jurisdictional High Court in the case of DIT (Exemption) vs. Maharaja Agarsen Technical Education (Supra) and of the Hon'ble Supreme Court in the case of S.RM.M.CT.M., Tiruppani Trust vs. CIT (Supra), so there was no mistake apparent from the record.
Income Tax Appellate Tribunal - Delhi Cites 12 - Cited by 0 - Full Document

C.I.T. vs Mool Chand S.Devi on 4 February, 2010

In the case of S. RM. M. CT. M. Tiruppani Trust v. Commissioner of Income-Tax (Supra), the assessee was a charitable trust. Its objects were to carry out Thiruppani or repairs to old Hindu temples, building new ones, giving aid to or establishing hostels, educational and industrial institutions, etc. A trust has utilized a sum of Rs.8 lakhs in purchasing building to be utilized as a hospital. Such investment has been treated to have been made for charitable purposes.
Allahabad High Court Cites 30 - Cited by 0 - Full Document

Cit, Jalandhar vs Gulab Devi Memorial Hospital Trust on 23 December, 2016

The view has been affirmed by the Hon'ble Supreme Court of India in the case of S.RM.M.CT.M. Tiruppani Trust Vs. CIT, reported at 230 ITR 636. There is thus no doubt on the issue that as far as exemption under section 12A is concerned,the capital expenditure has to be considered as application of funds. Having a surplus that not fatal to the exemption unless the conditions prescribed in the section are not met. Keeping in view the facts and circumstances discussed above, we are of the considered opinion that the application for capital purposes shall also be considered as application of funds. The learned CIT-I, Jalandhar has not mentioned even a single word in the impugned For Subsequent orders see CWP-14358-2010, CWP-1765-2011, CWP-3323-2011 and 18 more.
Punjab-Haryana High Court Cites 37 - Cited by 21 - D Sibal - Full Document

Society For Welfare Awareness Research ... vs Ito (Exemptions), Ward 2(2), New Delhi on 27 April, 2022

While relying on this proposition of law, their Lordships have followed the view taken by Hon'ble Delhi High Court in the case of DIT (Exemptions) v. Keshav Social & Charitable Foundation, 278 ITR 152 and the 26 ITA No.4702/Del/2019 judgment of the Hon'ble Apex court in the case of S.RM.M.CT.M. Tiruppani Trust v. CIT, 230 ITR 636, in which it was held that section 68 of the Act has no application in such cases where the assessee has disclosed donations as its income.
Income Tax Appellate Tribunal - Delhi Cites 32 - Cited by 0 - Full Document

Patanjali Yogpeeth (Nyas), Delhi vs Adit(Exemption), New Delhi on 9 February, 2017

Therefore, such expenditure is clearly allowable as application of income as has Refer page 49 to been held, inter alia, in the following cases: 52 of AO order  RM M.CT.M Tiruppani Trust vs. CIT: 230 ITR 637 (SC)  St. Lawrence Educational Socieity (Regd.) v. CIT: 197 Taxman 504 (Del.) In view of the aforesaid, it is submitted that the assessing officer erred in holding that construction of building on land not owned/ registered in the name of the appellant could not be regarded as application of income.
Income Tax Appellate Tribunal - Delhi Cites 106 - Cited by 7 - Full Document

M/S Mother India Foundation, New Delhi vs Addl. Dit, New Delhi on 17 August, 2017

7.3 Thus In the instant case, the income of the assessee on the receipt side as has been reflected in the Income and Expenditure account aggregated to Rs. 1,42,00,062/- and as such in no case 15% thereof i.e. Rs. 35,50,155/- could not be included in the total income. In the instant case there was only an excess of income over expenditure of Rs. 13,03,859/-, which is far less than Rs. 21,30,009/-. In fact the learned CIT(A) has upheld the assessment as in his opinion assessee has not 'carried out' any charitable activity, which it is submitted is entirely misconceived. In fact there is no income derived by the assessee. Had there been an income, only than such a question could have been arisen. In fact the aforesaid sum has been held to be included in the total income since the CIT(A) has recorded a finding that the assessee had not established that it is engaged in charitable activities. It is submitted, despite the fact that 10 assessee being a trust, a charitable institution, its income is to be computed u/s II of the Act, the AO went wrong in bringing to tax such excess of receipt over expenditure. In the instant case it is an undisputed fact the gross receipts which includes corpus donation, could not have been assessed to tax which was less than 15% (being specified percentage) which aggregates to Rs. 21,30,009/-; whereas in the instant case it is admittedly only of Rs. 13,03,859/-, in excess or receipts over expenditure as such the aforesaid sum could not have been held in any case in the case of a charitable institution as income liable for an assessment. The Supreme Court in its judgment in the case of S. RM. M. CT. M. Tiruppani Trust vs. CIT reported in 230 ITR 636 at page 641 has held as under:
Income Tax Appellate Tribunal - Delhi Cites 27 - Cited by 2 - Full Document

Dcit Central Circle-06, New Delhi vs Santosh Trust, New Delhi on 29 August, 2025

VI. Further, Section 68/69/69A of the Act has no application to the facts of the case because the assessee had in fact disclosed the receipts of the trust in the form of fees from students and patients and the pharmacy receipts as its income and it cannot be disputed that all receipts are income in the hands of the appellant assessee. There was, therefore, full disclosure of income by the assessee and also application of the income for charitable purposes. It is not in dispute that the objects and activities of the assessee were charitable in nature, since it was duly registered under the provisions of section 12A of the Act. Therefore, neither of the sections 68/69/69A of the Act has no application to the facts of the case because the assessee had in fact disclosed the all its income which is the source of the deposit in the demonetization period. A reference can be made to support the above proposition of law, to the decision of the Hon'ble Apex Court in the case of Tiruppani Trust v. CIT (1998) 230 ITR 636 (SC) where principles have been laid down that the donations /voluntarily contributions received by a trust created wholly for a charitable or religious purpose (not being contributions made with a specific direction that they shall form part of the corpus of the trust or institution) shall for the purpose Section 11 of the Act deemed it to be the income derived from the property held under trust wholly for charitable or religious purposes in the provisions of Sections 11 & 13 of a g e | 21 ITA No.1427/Del/2023 & CO 58/Del/2023 Santosh Trust (AY: 2017-18) the Act shall apply accordingly. The assessee offers the all its receipts to income and incurs expenditure for the purpose of the trust, no addition us 68/69/69A of the Act is warranted.
Income Tax Appellate Tribunal - Delhi Cites 51 - Cited by 0 - Full Document

Gujarat Chief Minister'S Relief Fund, ... vs Assessee on 4 November, 2015

"Under section 11(a) income derived from property held under trust for charity, to the extent that such income is applied for ITA No. 3105/Ahd/2011 4 Asst. Year2008-09 charitable or religious purposes will be exempt from income-tax. Where the income or the entire income is not so spent, but is accumulation, it will be exempt to the extent of 25 per cent of its total income or Rs.10,000 whichever is higher. Under s.11(2) if the trust desires to accumulate more than 25 per cent of its income and wants to claim exemption from income-tax it has to comply with the conditions which are laid down in s.11(2)(a) and (b). The first condition is that a notice in writing should be given to the ITO in the prescribed manner specifying the purpose for which the income is being accumulated and the period for which the income is to be accumulated. The period should not exceed two years. Rule 17 of the IT Rules 1962 prescribes that the notice which is required to be given under s.11(2)(a) should be in form no.10. The second condition is that the amount so accumulated has to be invested in any government security as specified in s.11(2)(b)."
Income Tax Appellate Tribunal - Ahmedabad Cites 17 - Cited by 0 - Full Document
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