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आदेश/Order
Per Sanjay Garg, Judicial Member:
The present appeal has been preferred by the appellant society against the order dated 30.06.2018 of the Commissioner of Income Tax (Exemptions), Chandigarh [hereinafter referred to as ‘CIT(E)’] agitating the action of the CIT(E) in rejecting the application of the appellant- society for registration u/s 12A of the Income Tax Act, 1961 (in short 'the Act'), as a ‘charitable institution’.
ITA No. 1052-c-18 Unique Educational Society, Yamunanagar 2 2. A perusal of the impugned order of the CIT(E) reveals that the
appellant society had applied for registration u/s 12A of the Act
pleading that it has been running a private Industrial Training Institute,
which is imparting vocational training to the students. That the
institution has been duly recognized by the Government of Haryana
and the same is affiliated and regulated by National Council for
Vocation Training (in short ‘NCVT’), Ministry of Skill Development
and Entrepreneurship, Govt. of India. However, the Ld. CIT(E)
rejected the application of the appellant society on three counts;
firstly, mainly that gaining of the knowledge of skill do not qualify for
label ‘Education’ in the sense in which the word ‘Education’ has been
used in section 2(15) of the Act and as interpreted by the Hon'ble
Supreme Court in the case of ‘Sole Trustee Lok Sikshan Sansthan’ 101
ITR 234, wherein, it has been held that the term ‘Education’ means a
systematic instruction, schooling or training given to the young in
preparation for the work of life and that it connotes the hole course of
scholastic instruction which a person has received. The Ld. CIT(A)
observed that the word ‘Education’ is not used in that wide and
extended sense, according to which every acquisition of further
knowledge constitutes ‘Education’. That the assessee was indulged in
activity of merely skill enhancement in which no systematic education
was involved. He, therefore, held that the activity of the assessee
ITA No. 1052-c-18 Unique Educational Society, Yamunanagar 3 would not fall in the definition of ‘education’ in the sense, the word
‘education’ has been used in section 2(15) of the Act.
Secondly, he observed that the appellant society was merely an
implementing agency of the Government and was being reimbursed for
its activities which cannot be held to be a charitable activity, rather,
the assessee was doing such activity for commercial purposes. That the
receipts of the assessee did not partake the character of voluntary
donations and neither the same was income from the property vested in
the trust for charitable purposes. The Ld. CIT(E) further observed that
even the contribution towards corpus funds by the members of the
society has not been corroborated with bank entries.
The Third objection raised by the Ld. CIT(E) is that the appellant
society had purchased two cars which were meant for personal use of
the members of the society and that such purchases did not enure to
the benefit of general public and the utilization of funds to that extent
was not for charitable purposes.
We have heard the rival contentions and have also gone through
the record. So far as the first and foremost observation of the Ld.
CIT(E) that the activity of the assessee would not fall within the scope
of term ‘Education’ as used in section 2(15) of the Act is concerned,
the Ld. Counsel for the appellant in this respect has invited our
ITA No. 1052-c-18 Unique Educational Society, Yamunanagar 4 attention to page Nos. 52 & 53 of the paper book. Page No.52 is the
copy of the letter dated 27.7.2012 of the Govt. of India, Ministry of
Labour and Employment, Directorate General of Employment &
Training issued under the signatures of Director(T) addressed to the
State Directors / U.T. Administrators dealing with Craftsmen Training
Scheme, whereby, it has been conveyed that the case of the appellant
along with others was examined by the Members of the Sub-Committee
for NCVT and that the Committee after examination approved the
affiliation of the cases for conforming to the NCVT norms. The list of
such institution has been mentioned, wherein, the name of the
institution namely ‘Mahatma Gandhi Private ITI, Distt. Yamunanagar
run by appellant society is mentioned at Sr. No.1. Further, page No. 54
is the copy of the letter dated 10.8.2007 of the Industrial Training &
Vocational Education Department, Govt. of Haryana, whereby, the
Government has given approval to the appellant society for
establishment of private Industrial Training Centre in the name and
style of ‘Mahatma Gandhi Industrial Training Centre’ for running the
trades with affiliation to State Council for Vocational Training (SCVT).
The name of trade and the units approved are mentioned as under:-
S.No. Name of Trade Duration No. of Increase Total units. units in units / already units in approved new trade 1 Computer 1 year 1 1 2 (in two operator shifts) Programming
ITA No. 1052-c-18 Unique Educational Society, Yamunanagar 5 Assistant 2 Fitter 2 year 1 1 2 (in two shifts) 3 Painter General 2 year 1 1 2 (in two shifts) 4 Electrician 2 year 1 1 2 (in two shifts)
Further, as per letter dated 23.12.2016 of the Ministry of Skill
Development & Entrepreneurship, New Delhi, the appellant has been
empaneled as Assessing Body under Modular Employable Skills. The
Ld. Counsel for the assessee, therefore, has submitted that the
appellant has been running the vocational training course in a
systematic manner and is affiliated and regulated by NCVT as well as
SCVT, Haryana. That the examinations are conducted on national
level and Diploma equivalent to 10+2 degree is awarded by the NCVT.
That the courses run by the appellant being for promotion of skill
development and training, class rooms teaching and trainings are
designed for generation of employment opportunities for village youths
and the same have been duly recognized by the state government as
well as Central Government. We are convinced that the vocational
educational / training programme run by the appellant society are
systematic programme imparting class room as well training with focus
on employment generation. The education given by the appellant, in
our view, can safely be said to be in the mode of systematic
instructions / schooling or training given to the young in preparation
ITA No. 1052-c-18 Unique Educational Society, Yamunanagar 6 for the work of life and, in our view, duly fall within the purview and
scope of the term ‘Education’ as used in section 2(15) of the Act.
So far as the observation of the CIT(E) that the income of the
assessee is not from voluntary donation or that the same cannot be said
to be income from property held under the trust is concerned, we are
not convinced with the above observation of the Ld. CIT(E) for
rejecting the claim of the appellant trust. The appellant trust is
reimbursed the amount spent by the Government for carrying out its
‘education / training programme as per the skill development
programme of the Government. Thus, in our view, it can be safely said
to be income generated from the activity of the appellant trust and the
said activity as observed above, falls within the purview and scope of
charitable purpose. It is not be case of the CIT(E) that the major or
main activity of the appellant trust is towards commerce or business.
The receipt of income, in our view, is in the course of carrying out of
‘Educational activity’ of the assessee.
The third objection raised by the Ld. CIT(E) is that the appellant
could not corroborate the receipts towards the corpus funds from the
members of the trust with bank entries. In our view, this cannot be
ground for rejection of the application u/s 12A of the Act. The
appellant has shown the receipts towards its corpus funds from the
members of the trust and the same has been duly recorded in the books
ITA No. 1052-c-18 Unique Educational Society, Yamunanagar 7 of account. It makes no difference if the receipts were received in cash
or through banking channel. Moreover, whether the receipts are towards
corpus funds or for application is to be seen at the time of assessment.
So far as the expenditure on two cars is concerned, the Ld.
Counsel of the appellant has explained that the said cars are used by the
society for its activities as the society members have to travel between
Delhi and Chandigarh for meetings and review of its work done by the
Central / State Government and further that the said expenditure is
completely related to the activities and objects of the appellant society.
The Ld. DR has made a further argument that the appellant is also
indulging in skill development programme under Pradhan Mantri
Kaushal Vikas Yogna (PMKVY) and that this programme is a short
duration programme and cannot be said to be a systematic education
programme. May it be so, apart from providing the long term course of
one year or two years as mentioned above, since the appellant society
has skilled instructors for providing vocational training to the students
and if the appellant institution has also been imparting training under
the Pradhan Mantri Kaushal Vikas Yogna, that itself, cannot be
sufficient to hold that the appellant society has done any activity in
violation of its objects.
ITA No. 1052-c-18 Unique Educational Society, Yamunanagar 8 10. In view of the observations made above, the impugned order
of the CIT(E) is set aside and the Ld. CIT(E) is further directed to grant
registration to the appellant society u/s 12A read with section 12AA of
the Act in accordance with the relevant provisions of the Act.
In the result, the appeal of appellant society stands allowed.
Order pronounced in the Open Court on 06.08.2019.
Sd/- Sd/- (संजय गग� / SANJAY GARG) (एन. के. सैनी / N.K. SAINI) उपा�य� /Vice President �या�यकसद�य/ Judicial Member Dated : 06.08.2019 “आर.के.” आदेशक���त�ल�पअ�े�षत/ Copy of the order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकरआयु�त/ CIT 4. आयकरआयु�त (अपील)/ The CIT(A) 5. �वभागीय��त�न�ध, आयकरअपील�यआ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड�फाईल/ Guard File
आदेशानुसार/ By order, सहायकपंजीकार/ Assistant Registrar