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Income Tax-Charitable Trusts

Scope of General Public Utility (GPU) in Section 2(15)--As Clarified via Recent Supreme Court Decision in Ahmedabad Urban Development Authority's Case

CA. Nisha Bhandari

Recently the Supreme Court in Asstt. CIT(E) v. Ahmedabad Urban Development Authority 2022 TaxPub(DT) 6906 (SC) has rendered a significant judgment relating to interpretation of proviso to Section 2(15) dealing with scope of the term general public utility for purpose of Section 2(15). The learned author analyses this landmark decision of the Supreme Court.

1. Charitable purpose under Section 2(15) includes any other object of General Public Utility (GPU)

As per Section 2(15) 'charitable purpose' includes relief of the poor, education, yoga, medical relief, preservation of environment (including watersheds, forests and wildlife) and preservation of monuments or places or objects of artistic or historic interest and the advancement of any other object of general public utility.

The proviso to Section 2(15) as currently applicable provides that the advancement of any other object of general public utility shall not be a charitable purpose, if it involves the carrying on of any activity in the nature of trade, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business, for a cess or fee or any other consideration, irrespective of the nature of use or application, or retention, of the income from such activity, unless --

(i) such activity is undertaken in the course of actual carrying out of such advancement of any other object of general public utility; and

(ii) the aggregate receipts from such activity or activities during the previous year, do not exceed twenty per cent of the total receipts, of the trust or institution undertaking such activity or activities, of that previous year.

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