Hindustan Times (Noida)

No tax relief for edu trusts geared for profit, rules SC

- Utkarsh Anand letters@hindustant­imes.com

The Indian Constituti­on equates education with charity and it can never be treated as business, commerce or trade, the Supreme Court stressed on Wednesday while ruling that a charitable institutio­n will be entitled to tax relief only if it does not engage in any profit-making activity.

Section 10(23C) of the 1961 Income Tax Act provides for tax exemption to charitable trusts, societies or institutio­ns existing “solely” for educationa­l purposes and not for the purposes of profit.

The word “solely” was, however, interprete­d by two previous judgments of the top court in 2008 and 2015 to mean that an institutio­n will be entitled to tax exemption when its principal or main activity was education though it could simultaneo­usly earn some profits incidental­ly.

On Wednesday, a three-judge bench headed by CJI Uday Umesh Lalit overruled the previous judgments, declaring that the word “solely” must be given a literal interpreta­tion since the intent of the legislatur­e is clear that tax exemptions should be granted to only those institutio­ns which impart formal scholastic learning, as defined by the IT Act under the head of “charition,

table” purposes.

The court ruling applies to all non-government­al institutio­ns that are set up for educationa­l purposes. Revenue received by any university or educationa­l institutio­n that exists solely for educationa­l purposes is exempt from tax if it is authorised by the prescribed authority. After what the SC held on Wednesday, all such institutio­ns must satisfy the IT authoritie­s that they are involved exclusivel­y in imparting education and no ancillary or supplement­ary business activity has been undertaken for profit.

“In the opinion of this court, a trust, university or other institutio­n imparting education, as the case may be, should necessaril­y have all its objects aimed at imparting or facilitati­ng education. Having regard to the plain and unambiguou­s terms of the statute and the substantiv­e provisions which deal with exempthere cannot be any other interpreta­tion,” held the bench, also comprising justices S Ravindra Bhat and PS Narasimha.

It added that the trust or educationa­l institutio­n which seeks exemption under the IT Act should solely be concerned with education, or education-related activities. “If, incidental­ly, while carrying on those objectives, the trust earns profits, it has to maintain separate books of account,” said the court.

The ruling came on a batch of appeals arising from a judgment of Andhra Pradesh high court, which held that tax exemption will require an enquiry into activities of an institutio­n.

The court, while interpreti­ng the law, relied heavily on the 11-judge bench judgment in the TMA Pai Foundation case of 2002. “Our Constituti­on reflects a value which equates education with charity. That it is to be treated as neither business, trade, nor commerce, has been declared by one of the most authoritat­ive pronouncem­ents of this court in TMA Pai Foundation. The interpreta­tion of education being the ‘sole’ object of every trust or organisati­on which seeks to propagate it, through this decision, accords with the constituti­onal understand­ing and, what is more, maintains its pristine and unsullied nature,” it stressed.

 ?? ?? The top court said that a trust or an educationa­l institutio­n which seeks exemption under the IT Act should solely be concerned with education.
The top court said that a trust or an educationa­l institutio­n which seeks exemption under the IT Act should solely be concerned with education.

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