Taxmann Daily

Dear Reader,

Welcome to Taxmann.com | Newsletter – Reporting the Facts with Taxmann's Analysis. Today's Edition Brings You the Day's Most Pivotal Stories, Offering Clarity and Depth.

Running petrol pump was incidental to attainment of educational objects of trust if surplus was used for charitable activities: ITAT

Smt. Lingammal Ramaraju Shastra Prathistha Trust vs. Asst. Commissioner of Income-tax (Exemptions) - [2024] 168 taxmann.com 476 (Chennai - Trib.)

The assessee was a public charitable trust registered under section 12A. The assessee trust was running a music school and a library as its main charitable activity, viz., education. It also ran a petrol pump whose receipts were claimed to be utilized for meeting its charitable objectives. For the relevant assessment year, the assessee had filed its return of income declaring nil total income after claiming exemption under section 11.

During the assessment proceedings, the Assessing Officer (AO) completed the assessment wherein, the exemption claimed by the assessee under section 11 was accepted and allowed. Subsequently, the Commissioner (Exemptions) issued a show cause notice under section 263, proposing to revise the assessment order and withdrawing the exemption. It was contended that the petrol outlet business cannot be said to be 'incidental' to the education activities of the trust from where it earned more than 80 percent of its income.

Aggrieved by the order, an appeal was filed to the Chennai Tribunal.

The Tribunal held that the income derived from property held under trust wholly for charitable or religious purposes is exempt from tax under section 11(1) subject to fulfilment of several conditions. Section 11(4) clarifies that 'property held under trust' includes a business undertaking. Therefore, profits derived from a business undertaking held under trust also qualify for the exemption, subject to the fulfilment of other conditions.

Section 11(4A) thereafter stipulates two conditions for the claim of exemption of business income under section 11(1); one being that the business is incidental to the attainment of objectives of the trust and the other being that separate books of account are maintained in respect of such business.

The above provisions are applicable to all charitable trusts registered under section 12A seeking exemption under section 11. Relying upon the decision in ACIT (Exemptions) v. Ahmedabad Urban Development Authority [2018] 143 taxmann.com 278 [Para 35], it was found that the Supreme Court has classified the charitable trusts into two categories, viz., 'per se categories' of charities (which includes education) and 'GPU' trusts and thereafter interpreted the term 'incidental' in the context of GPU trusts.

The word 'incidental' as appearing in section 11(4A) qua the GPU trusts has to be interpreted in the light of sub-clause (i) of the proviso to section 2(15), i.e., the business should be conducted in the course of actually carrying on the GPU object and the receipts from the business should not exceed 20 per cent of the total receipts of the trust.

Thus, this interpretation of the Supreme Court required a first-degree nexus between the business and the charitable activity in as much as this additional condition imposed was only for GPU trusts on their business activities in terms of the proviso to section 2(15).

The Supreme Court in ACIT v. Thanthi Trust [247 ITR 275] has held that a business whose income is utilised by the trust or the institution for the purpose of achieving the objectives of the trust or the institution is surely a business that is incidental to the attainment of the objectives of the trust.

Therefore, in the case of 'per se categories' of charities, a business whose income feeds the charity is to be regarded as a business incidental to the attainment of the objectives of the trust or the institution. In the instant case, the assessee trust falls under the third category, i.e. 'per se charitable trusts'.

Therefore, applying the ratio laid down in Thanthi Trust's case, the petrol bunk business carried on by the assessee trust is to be regarded as business incidental to the attainment of the educational objects of the trust as the assessee has demonstrated that the entire surplus from the petrol bunk was utilised for the main charitable activities of the Trust, i.e. education, and separate books of account have been maintained in respect of such business.

Accordingly, it was held that the assessee was fulfilling the conditions set out in section 11(4A).

CBDT releases FAQs on PAN 2.0 project; PAN/TAN services shall be completely paperless

Press Release, dated 26-11-2024

The Ministry of Finance has announced that the Cabinet Committee on Economic Affairs (CCEA) has approved the Income Tax Department’s Permanent Account Number (PAN) 2.0 Project. This project aims to streamline and modernise issuing and managing PAN and TAN, making it more user-friendly and efficient.

PAN-related services are currently spread across three portals (e-Filing, UTIITSL, and Protean e-Gov). The PAN 2.0 Project will unify all PAN/TAN services on a single ITD portal, covering allotment, updates, corrections, online PAN validation, AADHAAR-PAN linking, PAN verification, e-PAN requests, and re-print requests.

PAN allotment, updation, and correction will be paperless and free, with e-PAN sent to the registered email. For a physical PAN card, a fee of Rs. 50 (domestic) applies, and Rs. 15 + actual India post charges for delivery outside India.

The CBDT also clarified that the PAN card will not be changed unless the PAN holders want any updation/correction. The existing valid PAN cards will continue to be valid under PAN 2.0.

The PAN card under PAN 2.0 will feature an enhanced dynamic QR code, displaying the latest PAN data. PAN holders with old cards can apply for a new one with a QR code. The QR code validates PAN details, and a specific reader app shows full details such as photo, signature, name, and date of birth.

That's it from us for today!

We're keen on enhancing Your Taxmann.com | Newsletter Experience and would greatly value your input. Your feedback is pivotal in guiding our improvements. Could you spare a few moments to share your thoughts in the comments on how we might better serve your needs?

Taxmann.com | Research – Income Tax—The Reliable Resource for Precision-Driven Legal Insights

About Taxmann.com | Research:

The Income Tax Module of Taxmann.com | Research features an AI-driven search engine to transform and streamline your approach to legal research. This module provides a collection of features, all linked seamlessly to improve your research process, including:

? Over 86,200 Case Laws Featuring Legal Digests With Headnotes, Including Facts and Rulings

? Advanced Search with 15+ Parameters to Filter Results

? Viability Tool for Assessing the Reliability of Case Law

? Updated | Amended | Annotated Content Including 10+ Acts | 127+ Rules | 300+ Forms | 16,500+ Circulars and Notifications

? 130+ Comprehensive, Limited, and Other Treaties

? 9,800+ Articles Authored by Industry Experts on Complex, Controversial, and Current Topics

? Real-Time News and Updates from 1,000+ Authentic Sources

? Customisable Viewing Options to Select What You Read and When You Read

Subscribe Now and Transform the Way You Work! https://taxmann.social/ZoBLs