1997 (4) TMI 7 - SC - Income Tax

Whether, on a proper construction of the trust deed the Tribunal was right in holding that the objects of the trust are not for charitable purposes within the meaning of section 2(15) and that consequently its income is not exempt u/s 11 - assessee claimed that the business carried on by it and from out of which it had derived income was one held under trust and since the trust was for charitable purposes - Held that assessee-trust is entitled to exemption u/s 11 read with section 2(15)

Summary

Issues Involved:
1. Whether the objects of the trust are for charitable purposes within the meaning of section 2(15) of the Income-tax Act, 1961.
2. Whether the income of the trust for the assessment years 1964-65, 1965-66, and 1966-67 is exempt from tax under section 11 of the Income-tax Act, 1961.

Detailed Analysis:

Issue 1: Charitable Purposes under Section 2(15) of the Income-tax Act, 1961
The core issue in this case is whether the objects of the trust, as defined in the trust deed dated June 4, 1962, qualify as "charitable purposes" under section 2(15) of the Income-tax Act, 1961. Section 2(15) defines "charitable purpose" to include relief of the poor, education, medical relief, and the advancement of any other object of general public utility not involving the carrying on of any activity for profit.

The trust deed outlines various objects, including establishing educational institutions, libraries, hospitals, and providing relief to the poor. However, clause 1(g) of the trust deed, which allows the trust to engage in rural reconstruction work and cottage industry, was interpreted by the Tribunal and the High Court as involving activities for profit, thus disqualifying it from being considered a charitable purpose.

The Supreme Court noted that the High Court erroneously assumed that the business activities of the trust were carried out under clause 1(g) of the trust deed. Instead, the business activities were conducted under clause 7(e), which allows the trust to invest in any business undertaking, and clause 32, which permits the trustees to manage the business. The Court clarified that clause 1(g) is merely a power to effectuate the main charitable objects of the trust, such as education and relief of the poor, and not an independent object involving profit-making.

Issue 2: Tax Exemption under Section 11 of the Income-tax Act, 1961
Section 11 provides tax exemption for income derived from property held under trust for charitable or religious purposes, provided the income is applied to such purposes in India. The Income-tax Appellate Tribunal and the High Court of Madras denied the exemption, asserting that the trust's business activities were profit-oriented.

The Supreme Court emphasized that the business activities were part of the trust's corpus and were carried out to support its charitable purposes. The Court highlighted that the income earned from the business was used for charitable activities, such as aid to colleges, orphanages, and relief to the poor, indicating that profit-making was not the trust's primary objective.

The Court also referenced the judgment in Addl. CIT v. Surat Art Silk Cloth Manufacturers Association, which established that if the predominant object of an activity is to sub-serve a charitable purpose, the trust does not lose its charitable status merely because it earns a profit. The trust's activities were found to align with this principle, as the profits were used to further its charitable objectives.

Conclusion:
The Supreme Court concluded that the High Court and the Tribunal erred in their interpretation of the trust deed and the nature of the trust's activities. The objects of the trust are indeed for charitable purposes as defined in section 2(15) of the Income-tax Act, 1961. Consequently, the income derived from the trust's business activities for the assessment years 1964-65, 1965-66, and 1966-67 is exempt from tax under section 11 of the Act. The judgment of the Madras High Court was set aside, and the appeals were allowed with costs.