Section 13(2) — Income of Trusts or Institutions

Section 13(2) of the Income-tax Act, 1961, outlines the circumstances under which the income of a trust or institution may not qualify for tax exemption. This section is significant as it ensures that the benefits of tax exemption are not misused by trusts or institutions for purposes other than charitable or religious activities. The section specifies conditions such as the use of income or property for the benefit of certain persons, which can lead to the denial of exemption. The statutory test involves examining whether the income is applied for the benefit of specified persons, including the author of the trust, trustees, or any person who has contributed substantially to the trust. The burden of proof lies with the tax authorities to demonstrate that the conditions of Section 13(2) are met. In practice, this section is crucial for maintaining the integrity of charitable institutions and ensuring that tax benefits are not diverted for personal gains.

Common Litigation Flashpoints

  1. Determining whether income is applied for the benefit of specified persons
  2. Interpretation of 'substantial contribution' to the trust
  3. Assessment of whether the trust's activities are genuinely charitable
  4. Disputes over the definition of 'specified persons' under the section

Judgments on Section 13(2) — Income of Trusts or Institutions