2014 (6) TMI 350 - AT - Income Tax

Allowability of exemption u/s 11 of the Act Charitable institution - Scope of section 2(15) of the Act Held that - The assessee trust has conducted two types of courses which could be broadly classified into two types i.e. one set of courses duly approved and recognized by DG Shipping and the other set of courses which are not approved and recognized by the DG Shipping Following Commissioner Of Income-Tax, West Bengal VII Calcutta Versus Doon Foundation 1985 (1) TMI 36 - CALCUTTA High Court - if a society primarily engages itself in educational activities or runs a school or college, it is entitled to claim exemption 10(22) - It is not necessary that in order to claim the exemption, the institution should be affiliated to any university or board. The assessee institution imparting education of banking subjects by conducting tutorial classes, supplying study material, conducting programmes and holding exhibition was an educational institution entitled to exemption u/s 10(22) the assessee is giving training in the area of Pre Sea and Post Sea to sea men - merely because the courses are not approved by the DG Shipping or merely because there is huge surplus in the non-approved courses than the approved courses cannot be a ground for denial of exemption u/s 11 as long as the Trust is imparting education as per the objects of the Trust thus, there was no infirmity in the order of the CIT(A) Decided against Revenue.

Issues Involved:
1. Whether the courses conducted by the assessee trust that are not approved by the Director General of Shipping qualify as "charitable purposes" under Section 2(15) of the Income Tax Act, 1961.
2. Whether the profit earned from non-approved courses disqualifies the assessee trust from exemption under Section 11 of the Income Tax Act, 1961.
3. Whether the activities of the assessee trust are considered educational as per the objectives of the trust deed and relevant legal definitions.

Issue-wise Detailed Analysis:

1. Courses Not Approved by DG Shipping:
The primary issue concerns whether the courses conducted by the assessee trust, which are not approved by the Director General of Shipping (DG Shipping), can be considered as serving a "charitable purpose" under Section 2(15) of the Income Tax Act, 1961. The Assessing Officer (AO) argued that these courses are private coaching classes and do not qualify as charitable activities. However, the Commissioner of Income Tax (Appeals) (CIT(A)) and the Tribunal concluded that there is no necessity for the courses to be approved by DG Shipping to qualify as charitable. The Tribunal noted that the main object of the trust is to provide education, which is inherently a charitable purpose under Section 2(15) of the Act. The Tribunal also referenced various legal precedents and definitions of education, emphasizing that the term "education" is not confined to formal schooling but includes a broader scope of systematic instruction and training.

2. Profit from Non-Approved Courses:
The AO contended that the significant profit from non-approved courses indicates a commercial motive, thus disqualifying the trust from exemption under Section 11 of the Act. The Tribunal, however, upheld the CIT(A)'s finding that profit generation does not negate the charitable nature of the trust's activities, provided the profits are utilized for the trust's objectives. The Tribunal emphasized that the AO did not demonstrate that the profits were used for purposes other than the trust's objectives. The Tribunal also highlighted that the trust is registered under Section 12A of the Act, which further supports its charitable status.

3. Educational Activities as per Trust Deed:
The AO's assertion that the trust's activities do not constitute education as per Section 2(15) was also challenged. The Tribunal referred to the trust deed, which explicitly states the trust's objective to provide technical training in maritime studies. The Tribunal cited various legal definitions and precedents, including the Black's Law Dictionary and Oxford English Dictionary, which define education as encompassing systematic instruction and training. The Tribunal also referenced several judicial decisions, including those from the Hon'ble Supreme Court and High Courts, which support a broad interpretation of education. The Tribunal concluded that the trust's activities align with its stated objectives and qualify as educational.

Conclusion:
The Tribunal dismissed the Revenue's appeal, affirming the CIT(A)'s decision to grant the assessee trust exemption under Section 11 of the Income Tax Act. The Tribunal found that the trust's activities, including the non-approved courses, qualify as educational and charitable. The Tribunal also emphasized that profit generation does not disqualify the trust from exemption, provided the profits are used for charitable purposes. The Tribunal's decision is based on a comprehensive analysis of the trust's objectives, legal definitions of education, and relevant judicial precedents.

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