2017 (2) TMI 1310 - HC - Income Tax

Registration u/s 12AA eligibility - benefit of a particular religious community - Held that - There is no dispute with regard to the fact that as per definition of Charitable purpose under section 2(15) includes relief of the poor, education, medical relief (preservation of environment(including watersheds, forests and wildlife) and reservation of monuments or places or objects or artistic or historic interest) and the advancement of any other object of General Public Utility. As the assessee submitted that Jainism is the philosophy and preservation of symbol of such philosophy would definitely come into the embrace of the word Charitable . During the course of hearing, the Id. D/R could not refute the fact that clauses 16 of the objects which provides that without any descrimination of the caste or creed to help economically poor, old, ailing, handicap, poor students and clause 17 provides for hel0p for hospitalization of ailing persons, medicines, cold water, night shelter and Dharamshala etc. In our considered view, both these objects definitely fall under the category of Charitable purpose and cannot be construed as solely for the benefit of a particular religious community. See CIT vs. Dawoodi Bohara Jamat (2014 (3) TMI 652 - SUPREME COURT) - Decided in favour of assessee

Summary

Issues:
Challenge to Tribunal's order allowing the appeal of the assessee based on registration u/s 12AA of the Income Tax Act, 1961. Interpretation of charitable purpose and activities of the trust. Application of section 13(1)(b) of the IT Act regarding benefit to a particular religious community.

Detailed Analysis:

Issue 1: Challenge to Tribunal's Order
The appellant challenged the Tribunal's decision that reversed the orders of the CIT(A) and the assessing officer, allowing the appeal of the assessee regarding registration under section 12AA of the Income Tax Act, 1961.

Issue 2: Interpretation of Charitable Purpose
The Tribunal examined the objects of the trust to determine if they were genuinely for charitable purposes. It was observed that the trust's objects were primarily for the benefit of a particular religious community, the Jain Samaj, which raised concerns under section 13(1)(b) of the IT Act.

Issue 3: Application of Section 13(1)(b)
The Tribunal referred to previous judicial authorities where it was held that organizations primarily benefiting a specific community do not qualify as charitable organizations. Citing cases like Agrawal Sabha and Gowri Ashram, it was emphasized that activities benefiting only a particular community do not align with the definition of charitable purpose.

Issue 4: Judgment and Decision
The Tribunal concluded that the trust's objects were not charitable as they primarily benefited a particular religious community, thus attracting section 13(1)(b) of the IT Act. However, during the hearing, it was argued that certain activities of the trust, such as aiding the economically poor and providing medical assistance, fell under charitable purposes. Relying on the Supreme Court's decision in CIT vs. Dawoodi Bohara Jamat, the Tribunal set aside the CIT's decision and directed the grant of registration to the trust.

Final Decision:
The High Court upheld the Tribunal's decision, citing the binding precedent of the Supreme Court in the case of CIT Vs. Dawoodi Bohara. The appeal was dismissed, affirming the grant of registration to the assessee trust based on the charitable nature of certain activities despite the primary focus on a specific religious community.