2018 (3) TMI 1332 - HC - Indian Laws

Hospital Trust Exempt from Property Tax under Municipal Act

The Institute of Franciscan Missionaries of Mary Versus The Commissioner, Coimbatore City Municipal Corporation, The Assistant Commissioner, Coimbatore City Municipal Corporation

The court ruled in favor of the petitioner, a charitable trust operating a hospital, stating that the hospital should continue to be exempt from property ... Charitable Institution - exemption from property tax - Section 83(1)(a) of the Tamil Nadu District Municipalities Act, 1920. Held that: - issue as to how the claim for exemption has to be considered was dealt with by this Court in the case of Sundaram Medical Foundation, vs. The Commissioner Corporation of Chennai & others [2018 (3) TMI 1289 - MADRAS HIGH COURT]. In the said case also, it was a hospital, claimed to be doing charitable activity and the land on which the hospital has been constructed was given by the Government at a concessional rate. It was held in the case that hough as a charitable hospital, the building may be entitled to benefit of exemption, the availability of such exemption, is further qualified by the proviso with regard to building or land from which rent is payable by the person using it. Thus, considering the scope of exemption and with reference to the buildings and other cases, it was held that the building or property cannot at all be let out for rent and that perhaps is the reason why they have not been included in the proviso, excepting cases falling under clause (a),(b) and (c) of the Section 123 of the said Act. The petitioner's case stand in a better footing on account of the exemption under the provisions of the District Municipalities Act. Petition allowed. Issues Involved:1. Exemption from Property Tax under Tamil Nadu District Municipalities Act.2. Re-classification of Coimbatore city as a Corporation and its impact on tax exemption.3. Non-consideration of exemption petition by the respondent-Corporation.4. Legal precedents regarding exemption for charitable institutions.Issue-wise Detailed Analysis:1. Exemption from Property Tax under Tamil Nadu District Municipalities Act:The petitioner, a charitable trust engaged in education, healthcare, and socio-economic welfare, established a hospital in 1879, which was certified as a 'Charitable Institution' by the District Collector, Coimbatore. Based on this certification, the hospital enjoyed exemption from property tax under Section 83(1)(a) of the Tamil Nadu District Municipalities Act, 1920.2. Re-classification of Coimbatore city as a Corporation and its impact on tax exemption:After Coimbatore was re-classified as a Corporation, the Tamil Nadu Act 25 of 1981 came into effect, and the petitioner’s hospital was assessed for property tax. Despite the petitioner’s assertion of their previous exemption under the 1920 Act, the respondent-Corporation claimed there was no equivalent provision under the 1981 Act for granting such exemption. Consequently, the petitioner was advised to pay property tax, leading to a dispute that reached the Taxation Appellate Tribunal.3. Non-consideration of exemption petition by the respondent-Corporation:The Tribunal directed the petitioner to submit a petition for exemption, which was duly filed. However, the respondent-Corporation did not act on the exemption application, and after 14 years, issued a final notice demanding property tax for the period from 1988-89 to 2009-10. The court noted that the respondent-Corporation did not consider the exemption petition despite being a party to the Tribunal's order, which warranted stringent punishment if the Tribunal had such power.4. Legal precedents regarding exemption for charitable institutions:The court referenced the case of Sundaram Medical Foundation vs. The Commissioner Corporation of Chennai, where it was held that charges collected by hospitals for services rendered cannot be equated to rent, and thus, charitable hospitals are entitled to exemption from property tax. Similarly, in the case of Society of Jesus, the court emphasized that a charitable hospital must be open to all, serve the poor and needy, and not operate as a commercial venture. The court also cited the case of Coimbatore Masonic Charity Trust vs. The Corporation of Coimbatore, which underscored the importance of considering the exemption granted under the Income Tax Act while deciding on property tax exemption.Conclusion:The court concluded that the petitioner’s hospital, previously exempted under the District Municipalities Act, should continue to enjoy the exemption under the Coimbatore City Municipal Corporation Act. The impugned demand for property tax was quashed, and the respondent-Corporation was directed to reconsider the petitioner’s exemption petition, ensuring no coercive action is taken against the petitioner until the matter is resolved. The court emphasized a holistic approach in determining the eligibility for exemption, considering the charitable nature of the hospital’s activities.