TMI Blog2003 (12) TMI 306X X X X Extracts X X X X X X X X Extracts X X X X ..... al, technical, commercial and other useful educational knowledge. (ii) Conduct classes, seminars, workshops, debates, symposiums, meetings and other activities considered necessary for the promotion of the education. (iii) Give loans, scholarships, freeships, prizes and monetary assistance to students to meet the cost of their education. (iv) Print and publish any news-letters, periodicals, journals, leaflets, books, etc., that the society may consider necessary for the furtherance of its objects. (v) Establish libraries, reading rooms and equip them with the necessary supply of books, newspapers, periodicals, furnitures etc., for the purpose of educational activities. (vi) Establish, construct, organize, consolidate, support, develop, acquire, takeover, conduct, equip, endow, improve, alter, extend, maintain and administer educational institutions of their branches in India or any part thereof, irrespective of caste, creed, religion. (vii) Start, takeover, establish, support, maintain and administer hostels for students, staff, member, employees and other personnel connected with the work of the Society. (viii) Receive any gifts or money/monies or either properties b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1998-99, Rs. 31,34,715 for financial year 1999-2000 and Rs. 44,20,504 for financial year 2000-2001. He also noted from Form No. 10B of the Report of Auditors that excess so generated had been applied in formation of capital assets. The CIT-I also observed that substantial amounts have been generated from College account to Society account and he gave an amount of Rs. 4 lakhs in financial year 1999-2000 and Rs. 50,000 in financial year 2000-2001. In the same way, CIT-I noted the figures from accounts of the School which was found running on smaller scale and excess of income over expenditure was Rs. 26,760, Rs. 60,333 and Rs. 18,867 in financial years 1998-99 to 2000-2001. The CIT-I also noted that there were revenue surplus in these three financial years out of which substantial amount was applied for land/building capitalization. On all these factual position, the CIT-I formed opinion that the Institution is being run on commercial lines and he called upon the assessee as to how assessee society can be called a Charitable Society within the meaning of section 2(15) of the Act; in particular reference was made to the Apex Court decision in the case of Safdarjung Enclave Education ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... excess of income over expenditure each year. The CIT-I also noted that surplus has been used to create huge capital infrastructure and every year the surplus was being generated. The assessee society was found fed out of students' fee which was a fact not fit well in the matrix of claim of the assessee society for charitable purposes. The CIT-I also referred to the ratio of the Apex Court decision in the case of Safdarjung Enclave Education Society in which their Lordships had given out that assessor who levied municipal tax on that society found that society was run commercial line. Secondly instead of society feeding school, assessor found that school was feeding the society; and thirdly the donations were not voluntary but being forced on students. The CIT-I was of the view that the first few observations of the Lordships were fully applicable in the case of the assessee. 7. The CIT-I further reproduced paras 65 to 68 of the order of the Apex Court in the case of Safdarjung Enclave Education Society which reads as under :- "65. In this background, we will consider whether education per se is a charitable purpose and its application to appellant society. The case relied on st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ving the meaning to it. The CIT-I was of the view that Their Lordships have taken a note of present day scenario where running of school has become business for many. The CIT-I opined that there cannot be a charity where parents are subjected to unusually high fees merely to create huge surplus to be used in constructing huge buildings. The CIT-I distinguished the case law referred to by the learned counsel for the assessee and on the basis of above, he was of the view that the object of the assessee society which is running the educational institution on commercial principles are not charitable. The assessee society was not conducting any charitable activity and does not exist for a charitable purpose. It is not fit for registration and application was accordingly rejected, against which the assessee is in appeal. 9. The learned counsel who appeared for the assessee referred to the history of the assessee society as noted above and with reference to order of the CIT-I, it was contended that his order is based on the observations of the Lordships in the case of Safdarjung Enclave Education Society, which the CIT-I had picked up without context. He referred to the decision of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e contention of the learned counsel for the assessee is that CIT-I, Lucknow was not justified to apply the same ratio to the facts of the present case, particularly when Their Lordships made it clear that provisions of Income Tax Act are wider in terms than to the provisions of Delhi Municipal Corporation Act. 11. The learned counsel further submitted that in the case of the assessee society, it is to be noted that the same was formed only and solely for the object of educational institution and that object is being followed, as the strength of students from 1997 onwards had been more than 1500 and numbers of staff is also around 50 numbers. The assessee society was running school from classes Pre-Nursery to V and college was being run from classes VI to XII. Not only this, the school enjoys all clearance and approval from the State Education Department. The school has recently been found affiliated with ICSC Board after fulfilling all the requirements needed for clearance by the ICSC Board for classes X and XII examinations. The students had been appearing in class X examinations since 1998 and from 2000 onwards students are appearing in class XII examinations also. 12. On the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o deny the exemption as laid down in the case of CIT v. Gayathri Women Welfare Association [1993] 203 ITR 389 (Kar.) and Birla Vidya Vihar Trust v. CIT [1982] 136 ITR 445 (Cal). 15. On the basis of above submissions, the learned counsel for the assessee submitted that the view taken by the CIT-I based on the decision of the Apex Court in the case of Safdarjung Enclave Education Society is misplaced and not sustainable in the eye of law while the decision of the Jurisdictional High Court as well as other cases referred to above are fully applicable to the facts of the case and assessee was entitled for getting the registration. 16. So far as the learned D.R. is concerned, the order of CIT-I was read at length and the same was relied and no other argument was placed on the ground that order of the CIT-I is already exhaustive and he had dealt with all the pleas of the assessee and rightly rejected the same. 17. We have considered the rival submissions advanced by the respective representatives of the parties, perused the record carefully and gone through the case laws cited by the learned counsel for the assessee and by the CIT-I. 18. So far as factual position is concerned, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner, on receipt of an application for registration of a trust or institution made under clause (a) of section 12A, shall- (a) call for such documents or information from the trust or institution as he thinks necessary in order to satisfy himself about the genuineness of activities of the trust or institution and may also make such inquiries as he may deem necessary in this behalf, and (b) after satisfying himself about the objects of the trust or institution and the genuineness of its activities, he- (i) shall pass an order in writing registering the trust or institution; (ii) shall, if he is not so satisfied, pass an order in writing refusing to register the trust or institution, and a copy of such order shall be sent to the applicant: Provided that no order under sub-clause (ii) shall be passed unless the applicant has been given a reasonable opportunity of being heard." 20. A perusal of the portion underlined by us shall show that the CIT is to satisfy himself about the genuineness of the transaction of the Trust or Institution and in that action he can make enquiries, if it is necessary. The words "satisfy himself about the genuineness of the activities about Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ution'. If they were going to give more powers, the Legislatures must have used the other words clothing the CIT that other powers to verify as to whether assessee Trust or Institution is carrying on such activities which may prima facie indicate that he is entitled to get benefit under section 11/13 of the Act. Unless Legislatures have not used those words, it is not within the competence of the authorities to add or delete any words or infer any implied words in any provisions of the Act. It is well-settled proposition of law that fiscal statute are to be examined, as the same stand. The authorities concerned when interpreting the same are not permitted to add/alter any word here and there, but they are supposed to read it as it stand and to use the general meaning of the words used by this Legislature. Here the scope of the powers of the CIT is confined to examine the genuineness of the activities of the Trust or Institution and to examine the object of the Trust or Institution. Once the CIT has not doubted on the genuineness of the activities of the assessee society nor doubted the object, his powers ends and he cannot be allowed to travel beyond it and to enter into the scope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ible to pick out a word or a sentence from the judgment of the Supreme Court divorced from the context of the question under consideration and treat it to be the complete law declared by the court. The judgment must be read as a whole and the observations from the judgment have to be considered in the light of the questions which were before the court. A decision of the Supreme Court takes its colour from the questions involved in the case in which it is rendered and, while applying the decision to a later case, courts must carefully try to ascertain the true principle laid down by the decision." 24. The same type of word of caution was given in the case of Padma-sundra Rao. The fact remains that we have to examine the facts of each case and then to see as to whether facts of the case cited before any authority are identical to the facts in hand and if so, then ratio is invariably applicable, but in case facts are different, then the same will not be found applicable. No doubt observations of Their Lordships in the case of Safdarjung Enclave Education Society as noted by the CIT-I are very much there, but fact remains that the Hon'ble Supreme Court of India was seized with the is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... because education is imparted in the school, that by itself, cannot be regarded as a charitable object. Today, education has acquired a wider meaning, if education is imparted with a profit motive, to hold, in such a case, as charitable purpose, will not be correct. We are inclined to agree with Mr. B. Sen, learned counsel for the Delhi Municipal Corporation in this regard. Therefore, it would necessarily involve public benefit. 78. The rulings arising out of Income-tax Act may not be of great help because in the Income-tax Act 'charitable purpose' includes the relief of the poor, education, medical relief and the advancement of any other object of general public utility. The advancement of any other object of general public utility is not found under the Delhi Municipal Corporation Act. In other words, the definition is narrower in scope. This is our answer to question No. 1." 27. No doubt, the observations of Their Lordships in para 77 are that if education is imparted with the profit motive, it will not be fulfilling the requirement of 'charitable purposes'. This observation of Their Lordships is binding on all the authorities/Courts/Tribunals. However, it is to be noted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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