2013 (11) TMI 470 - AT - Income Tax

Charitable purpose u/s 2(15) - Rejection of registration of society u/s 12AA - Promotion and development of games - Assessee is a society with the name Professional Golf Tour of India (in short PGTI), which is registered under the Society Registration Act, 1860. The founder-members of this society are professional golfers Held that - It is clear from the aims and objects of the society that any person who is in any way attached to or interested in the game of golf can join as its member and can contribute towards the promotion of game There is nothing on record which suggest that the society is being run on commercial lines. It is not taking any financial aid or grant from any government agency. Therefore, it becomes imperative for it to follow certain rules or commercial expediency in order to keep-going. It is nowhere mentioned that a charitable society has to be poor, illmanaged, financially drenched and always anchoring for financial help. Even in case the society earns from investment, then there is no reason to refuse registration u/s 12AA of the Act Reliance is placed upon the Hon ble Madras High Court case of New Life in Christ Evangelistic Association V CIT reported in 1998 (8) TMI 8 - MADRAS High Court , wherein it has been held that at the stage of considering application for registration u/s 12AA, it is not necessary to consider how the applicant would be able to claim exemption u/s 11 or section 12 of the Act. - Decided in favor of Assessee.

Summary

Issues Involved:
1. Restriction of membership to professional golfers.
2. Nature of activities being commercial.
3. Lack of expenditure on charitable activities for the public.
4. Payment to a governing body member.
5. Misinterpretation of Board's circular.

Issue-wise Detailed Analysis:

1. Restriction of Membership to Professional Golfers:
The learned CIT formed an opinion that the society's membership is restricted to professional golfers resident in India and overseas. The appellant argued that membership is available to all individuals from any societal strata. The Tribunal found no restrictive clause in the society's objects, noting that the game of golf inherently attracts fewer people and that the society's aims allow any interested person to join and contribute to the promotion of golf.

2. Nature of Activities Being Commercial:
The CIT opined that the society's activities are commercial and do not benefit financially disadvantaged individuals. The appellant contended that the CIT misinterpreted the enabling clauses of the Memorandum of Association regarding surplus investment as commercial activities. The Tribunal concluded that the society's activities aim at promoting the game of golf rather than commercial gain. It emphasized that a charitable society need not be financially weak and that prudent financial management does not equate to commercial operation.

3. Lack of Expenditure on Charitable Activities for the Public:
The CIT noted no expenditure on charitable activities benefiting the public at large. The Tribunal, however, found the society's objects charitable, promoting golf as a sport, which falls under "advancement of any other object of public utility" as defined in section 2(15) of the Act. It highlighted that the promotion of sports is considered a charitable purpose and that the society's activities align with this objective.

4. Payment to a Governing Body Member:
The CIT highlighted a payment of Rs.9 lacs to Shri Ajay Gupta, suggesting it violated sections 13(2)(c) and 13(3) of the Act. The appellant clarified that Gupta, not a founder member, was hired for his expertise in golf. The Tribunal agreed, stating the payment was not in violation of the Act since it was for legitimate services rendered in promoting golf.

5. Misinterpretation of Board's Circular:
The CIT argued that the society's reliance on Board's circular No.395 was misplaced, as it applies to societies promoting golf for the public at large. The Tribunal disagreed, noting that the society's activities do benefit the public by promoting golf, thus aligning with the circular's intent.

Conclusion:
The Tribunal found the society's objects charitable and its activities aimed at promoting golf, not commercial gain. It noted that the society's financial management and efforts to promote golf align with charitable purposes under section 2(15) of the Act. The Tribunal set aside the CIT's order, granting registration under section 12AA, and allowed the appeal.