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Supreme Court of India 2018-04-16 dismissed

Commissioner of Income Tax (Exemption) New Delhi vs Subros Educational Society

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Income Tax Department filed a miscellaneous application challenging the treatment of excess expenditure by a charitable trust. The key issue was whether a trust/charitable institution could set off excess expenditure from one assessment year against income of subsequent years under Section 11 of the Income Tax Act, 1961. The Supreme Court held that such set-off is not permissible under Section 11, and dismissed the application accordingly.

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Income Tax Charitable Institutions Tax Exemption Section 11

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