2014 (7) TMI 784 - HC - VAT and Sales Tax

Levy of Luxury Tax - charitable trust - running a Dharmashala incidental to its main activity of running a hospital - Tribunal levied tax under the provisions of the Madhya Pradesh Hotel Tatha Vas Grihon Me Vilas Vastuon, Par Kar Adhiniyam, 1988 - Held that - It is not agreeable with the contention put forth by the respondents/State that activity of the Dharmashala are collectively incidental and ancillary sales and so also has already stated above the incidence of tax would arise only when under sections 3 and 4 of the Act the charging or levy of tax is attracted. For the purpose of imposing the charge, the Parliament has enacted detailed provisions in order to compute the tax liability and deviating from the provisions is not permissible. The transaction to which the provisions of the Luxury Tax Act must be applied and encompassed for determining the charge this inference flows from the general arrangement of the provisions of the Act and that which is natural has to be concluded otherwise non-mention would mean it was not intended to fall within the charging section. Title of the Act says that it is called the Luxury Tax Act of 1988 and was intended to levy tax on luxuries provided in hotels and lodging houses in the State of Madhya Pradesh and thus, the business of the present institution-Choithram Charitable Trust would not be amenable to luxury tax and was thus outside its purview. We have no hesitation in holding that both the impugned orders, as already stated above are contrary to the provisions of the Act and, therefore, they are hereby set aside - Decided in favour of assessee.

Issues Involved:
1. Levy of luxury tax on a charitable trust running a Dharmashala.
2. Definition and applicability of "hotel" and "luxury" under the Madhya Pradesh Luxury Tax Act, 1988.
3. Interpretation of "business" in the context of charitable activities.
4. Applicability of case law precedents to the present case.
5. Jurisdiction and correctness of the orders passed by the Commercial Tax Officer and Deputy Commissioner.

Issue-wise Detailed Analysis:

1. Levy of Luxury Tax on a Charitable Trust Running a Dharmashala:
The petitioner, a charitable trust, challenged the levy of luxury tax under the Madhya Pradesh Luxury Tax Act, 1988, arguing that as a charitable trust running a Dharmashala incidental to its main activity of running a hospital, it should be immune from such tax. The court considered whether the trust's Dharmashala, which provides accommodation to patients' attendants and relatives at nominal charges, falls under the purview of the Luxury Tax Act.

2. Definition and Applicability of "Hotel" and "Luxury" under the Madhya Pradesh Luxury Tax Act, 1988:
The court examined sections 2(c) and 2(e) of the Luxury Tax Act, which define "hotel" and "luxury" respectively. The petitioner argued that the Dharmashala does not meet the definition of a "hotel" as it is not run as a business for profit. The court noted that the Luxury Tax Act applies to accommodation provided in the course of business, which is not the case for the Dharmashala.

3. Interpretation of "Business" in the Context of Charitable Activities:
The court relied on precedents such as Commissioner of Sales Tax v. Sai Publication Fund and Sri Palani Dhandayuthabani Devasthanam v. Commercial Tax Officer, which held that activities incidental to the main charitable purpose do not constitute "business." The court agreed that the Dharmashala's nominal charges and charitable purpose distinguish it from a commercial hotel.

4. Applicability of Case Law Precedents to the Present Case:
The court referred to various judgments, including Malankara Orthodox Syrian Church v. Sales Tax Officer and State of Tamil Nadu v. Board of Trustees of the Port of Madras, to support the argument that the primary objective of the trust (running a hospital) does not equate to running a business. The court found these precedents applicable, reinforcing that the Dharmashala's activities are ancillary to the hospital's main function.

5. Jurisdiction and Correctness of the Orders Passed by the Commercial Tax Officer and Deputy Commissioner:
The court concluded that both the Commercial Tax Officer and the Deputy Commissioner erred in their interpretation of the Luxury Tax Act. The court emphasized that the hospital and its Dharmashala could not be equated to a hotel, thus falling outside the scope of the Luxury Tax Act. The court set aside the orders passed by the respondents, deeming them contrary to the provisions of the Act.

Conclusion:
The court allowed the writ petition, directing the respondents to refrain from invoking the provisions of the Luxury Tax Act, 1988, against the petitioner. The court held that the petitioner's Dharmashala, being a charitable activity incidental to the hospital's main function, does not fall under the definition of a "hotel" and is therefore not liable for luxury tax.

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