2016 (7) TMI 1277 - HC - Income Tax

Eligibility to registration under Section 12A to Jodhpur Development Authority (JDA) - proof of charitable activities - Held that - The entire funds of the JDA is mandatorily required to be utilised for discharging the functions to achieve the object of integrated development of Jodhpur Region. Thus, predominant object of the JDA being to secure the integrated development of the Jodhpur Region which is undoubtedly falls within the expression advancement of any other objects of general public utility within the definition of Section 2(15) of the Act of 1961 and therefore, on account of profit being earned by it through some of the activities, undertaken by it, which are ancillary or incidental to the main object of general public utility, it does not cease to be charitable in character so as to render it ineligible to claim registration under Section 12A read with Section 12AA of the Act of 1961. As a matter of fact, it is not even the case of the Revenue that the object of general public utility sought to be achieved by constitution and establishment of the JDA as such, involve carrying on of any activity for profit and therefore, it is immaterial if some income is earned by ancillary and incidental activities, which as per the mandate of the relevant statute, is used for achieving or implementing such object. The genuineness of the activities of the JDA, which are regulated by the provisions of the JDA Act and the Rules made thereunder, cannot be doubted. Thus, the order passed by the ITAT holding the JDA, Jodhpur entitled for registration under Section 12A read with Section 12AA of the Act of 1961 , does not suffer from any infirmity or illegality.- Decided in favour of assessee Entitlement of UIT, Sri Ganganagar, for registration under Section 12A - Held that - While discharging functions to achieve its predominant object of improvement of the urban area specified, the UIT, Sri Ganganagar is also engaged in sale, letting or exchange of any property or land comprised in the scheme and it is also empowered to levy betterment charges in terms of Section 62 of the UIT Act, but then, such activities undertaken by the UIT are apparently incidental and ancillary to its main object of improvement of specified urban area. It is pertinent to note that as per the mandate of Section 61 of the UIT Act, the UIT is under an obligation to constitute a fund to be called Improvement Fund and as per the mandate of sub-section (2) (iii) and (v), all rents, profits and sale proceeds of lands, buildings and other property vested or vesting in or acquired by the trust under the said Act and all fees and charges payable to or received by the trust under the said Act are credited to the said Fund, which is utilised for the achievement of the predominant object of improvement of the urban area. Thus, for the parity of the reasons indicated above, while arriving at the conclusion regarding the entitlement of JDA, Jodhpur for registration under Section 12A read with Section 12 AA of the Act of 1961, the order passed by the ITAT, holding the UIT, Sri Ganganagar entitled for registration under Section 12A read with Section 12AA of the Act of 1961 , also cannot be faulted with. - Decided in favour of assessee

Issues Involved:
1. Entitlement of Jodhpur Development Authority (JDA) and Urban Improvement Trust (UIT), Sri Ganganagar, for registration under Section 12A of the Income Tax Act, 1961.
2. Whether the activities of JDA and UIT fall within the definition of 'charitable purposes' as defined under Section 2(15) of the Income Tax Act, 1961.
3. Applicability of the first proviso to Section 2(15) regarding activities involving trade, commerce, or business.
4. Legality of the orders passed by the Income Tax Appellate Tribunal (ITAT) granting registration under Section 12A.
5. Entitlement of JDA for registration from the date of creation of the trust.

Detailed Analysis:

1. Entitlement for Registration under Section 12A:
The primary issue was whether JDA and UIT are entitled to registration under Section 12A of the Income Tax Act, 1961, which is a prerequisite for claiming exemption under Sections 11 and 12. The court examined whether the activities of these entities fall within the definition of 'charitable purposes' as per Section 2(15) of the Act.

2. Definition of 'Charitable Purposes':
The court analyzed the definition of 'charitable purposes' under Section 2(15), which includes relief of the poor, education, medical relief, preservation of the environment, and the advancement of any other object of general public utility. The court noted that the advancement of any object of general public utility would not be considered a charitable purpose if it involves carrying on any activity in the nature of trade, commerce, or business for a fee or other consideration.

3. Applicability of the First Proviso to Section 2(15):
The Revenue argued that JDA and UIT are involved in activities of trade, commerce, and business, thus falling under the first proviso to Section 2(15), which disqualifies them from being considered as charitable entities. However, the court referred to various Supreme Court decisions, which held that if the primary purpose of an institution is charitable, ancillary activities involving profit do not prevent it from being a valid charity.

4. Legality of ITAT Orders:
The court upheld the ITAT's orders granting registration to JDA and UIT under Section 12A, stating that the primary object of these entities is to promote the welfare of the general public, which falls within the definition of 'charitable purposes.' The court emphasized that the income earned from ancillary activities is used for achieving the main charitable objectives, and thus, does not disqualify them from registration.

5. Entitlement for Registration from the Date of Creation:
The court noted that the issue of JDA's entitlement to registration from the date of creation, rather than from the date of application, was pending in a separate appeal and thus was not addressed in this judgment.

Conclusion:
The court dismissed the appeals filed by the Revenue, affirming the ITAT's decisions to grant registration to JDA and UIT under Section 12A. The court concluded that the primary objectives of JDA and UIT are charitable, and the incidental income-generating activities do not disqualify them from being considered as charitable institutions. The court also dismissed the appeals against the ITAT's orders remanding the assessment matters back to the Assessing Officer for fresh consideration. No costs were awarded.

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