2015 (9) TMI 902 - AT - Income Tax

Improvement Trusts Qualify for Tax Exemption as Public Utilities

Hoshiarpur Improvement Trust and Others Versus Income Tax Officer - Ward 1, Hoshiarpur and Others

Hoshiarpur Improvement Trust and Others Versus Income Tax Officer - Ward 1, Hoshiarpur and Others - [2016] 45 ITR (Trib) 682 Issues Involved:1. Whether the activities of the assessees, improvement trusts set up under the Punjab Towns Improvement Trusts Act, 1922, qualify as 'general public utility' under Section 2(15) of the Income Tax Act, 1961.2. Whether the activities of the assessees are in the nature of trade, commerce, or business, and thus not for 'charitable purposes' due to the first proviso to Section 2(15).3. Whether the assessees are entitled to exemption under Section 11 of the Income Tax Act, 1961.4. The impact of the amendments to Section 2(15) and their applicability to the assessment years in question.Detailed Analysis:1. Nature of Activities and General Public Utility:The primary issue is whether the activities of the assessees, improvement trusts, qualify as 'general public utility' under Section 2(15) of the Income Tax Act, 1961. The Tribunal noted that these trusts are set up under the Punjab Towns Improvement Trusts Act, 1922, with the objective of planned development of towns and cities. The activities include acquiring land, developing it, and selling plots and buildings. The Tribunal emphasized that the planned development of cities and towns is an object of general public utility, and this objective has been consistently followed by the assessees in all their activities.2. Activities in the Nature of Trade, Commerce, or Business:The Tribunal examined whether the activities of the assessees are in the nature of trade, commerce, or business, which would disqualify them from being considered as 'charitable purposes' under the first proviso to Section 2(15). The Tribunal highlighted that the mere presence of profit in the activities does not necessarily imply a profit motive. The predominant motivation for the activities is crucial. The Tribunal referred to the CBDT Circular No. 11, which clarifies that activities in the nature of trade, commerce, or business should not be considered charitable if they are undertaken with a profit motive. However, the Tribunal found that the activities of the assessees are carried out with the larger and predominant objective of general public utility, and not with a profit motive.3. Entitlement to Exemption under Section 11:The Tribunal addressed whether the assessees are entitled to exemption under Section 11 of the Income Tax Act, 1961. The Tribunal noted that the assessees were granted registration as charitable trusts under Section 12AA, and the activities were considered to be for 'general public utility.' The Tribunal found that the activities of the assessees, including the sale of plots and buildings, are carried out in furtherance of the objective of planned development, which qualifies as an object of general public utility. Therefore, the assessees are entitled to exemption under Section 11.4. Impact of Amendments to Section 2(15):The Tribunal discussed the amendments to Section 2(15) and their applicability to the assessment years in question. The Tribunal noted that the amendments brought by the Finance Act, 2015, which introduced a new proviso to Section 2(15), are effective from 1st April 2016 and are not retrospective. The new proviso excludes activities in the nature of trade, commerce, or business from being considered as charitable purposes if the aggregate receipts from such activities exceed twenty percent of the total receipts. The Tribunal concluded that the amendments do not apply to the assessment years under consideration, and the benefit of Section 11 read with Section 2(15) cannot be denied for the periods prior to 1st April 2016.Conclusion:The Tribunal concluded that the activities of the assessees qualify as 'general public utility' under Section 2(15) and are not in the nature of trade, commerce, or business with a profit motive. Consequently, the assessees are entitled to exemption under Section 11 of the Income Tax Act, 1961. The amendments to Section 2(15) introduced by the Finance Act, 2015, are not applicable to the assessment years in question. The Tribunal allowed the appeals of the assessees and dismissed the appeals of the Assessing Officer.