Addl. CIT v. Surat Art Silk Cloth Manufacturers Association

121 ITR 1Supreme Court of India1980#232 most cited

What is Addl. CIT v. Surat Art Silk Cloth Manufacturers Association authority for?

A charitable institution, whose predominant object is general public utility, can engage in non-charitable activities yielding incidental profits, provided these profits are deployed to achieve the dominant charitable object. A subsidiary object, if ancillary to the primary charitable purpose, does not negate the institution's charitable character.

328

judgments rely on this decision, according to BharatTax’s citation analysis of 372,241 Indian tax judgments — from 2001 to 2026.

Also referred to as

Addl CIT v Surat Art Silk Cloth Manufacturers Association · Surat Art Silk · Section 2(15) · Section 11 · charitable purpose · general public utility · dominant object · incidental profit · deployment of profits · unamended Section 2(15) · Section 12 · Section 13(8)

Issues it is cited on

Judgments citing Addl. CIT v. Surat Art Silk Cloth Manufacturers Association

M/S. Orissa Cricket Association, Cuttack vs. ACIT, Circle-2(1), Cuttack

In the result, ITA No.335/CTK/2017 is allowed and ITA

ITA 210/CTK/2016[2011-12]Status: DisposedITAT Cuttack26 Dec 2017AY 2011-12

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm Orissa Cricket Association Vs. Cit(Exemptions), Barabati Stadium,Cuttack-753001, Hyderabad Odisha, Pan No. : Aaaao 0319 F & Orissa Cricket Association Vs. Acit, Circle-2(1), Barabati Stadium, Cuttack Cuttack-753001, Odisha Pan No. : Aaaao 0319 F (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. निर्धाऩिती की ओर से /Assessee By : Shri S.K.Tulsiyan & D.Das, Ar राजस्व की ओर से /Revenue By : Shri Saad Kidwai, Citdr सुनवाई की तारीख / Date Of Hearing : 12/12/2017 घोषणा की तारीख/Date Of Pronouncement 26/12/2017 आदेश / O R D E R Per Shri N.S.Saini, Am:

For Appellant: Shri S.K.Tulsiyan & D.Das, ARFor Respondent: Shri Saad Kidwai, CITDR
Section 120Section 12ASection 254(2)

…object of general public utility". Following are the relevant extracts of the said judgment: "Unfortunately, for the revenue, the court has, in a five-judges Bench, by a majority of 4 to 1, in Addl. CIT v. Surat Art Silk Cloth Manufacturers Association [1980} 121 ITR 1 (SC) reversed these two decisions in Loka Shikshana Trust case [1975] 101 ITR 234 (SC) and the Indian Chamber of Commerce case [1975] 101 ITR 796 (SC). The court has approved of the observations of Beg J. in his separate but concurring judgment in the Loka Shikshana Trust case that (p. 256) " if the profit must necessarily feed a charitable purpose…

Builders Association of India, Mumbai vs. ITO (E) 1(1), Mumbai

In the result, appeal of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 2266/MUM/2015[2010-11]Status: DisposedITAT Mumbai10 Aug 2017AY 2010-11

Bench: D.T. Garasia & Shri Shamim Yahyaassessment Year: 2010-11 M/S. Builders Association Of Income Tax Officer India, (Exemptions) – I(1), 7Th Floor, Commerce Centre, Vs. Piramal Chambers, Tardeo Road, Lalbaug, Mumbai – 400 034 Parel, Pan: Aaatb0212F Mumbai - 400012 (Appellant) (Respondent) Assessment Year: 2011-12 Income Tax Officer M/S. Builders Association Of (Exemptions) – I(1), India, Room No.508, 5Th Floor, 7Th Floor, Commerce Centre, Vs. Piramal Chambers, Tardeo Road, Lalbaug, Mumbai – 400 034 Mumbai - 400012 Pan: Aaatb0212F (Appellant) (Respondent)

For Appellant: Shri Vipul Joshi, A.RFor Respondent: Ms. Pooja Swaroop, D.R
Section 10Section 11Section 12ASection 143(3)(ii)Section 2(15)

…ness. " Thereafter the Hon'ble High Court referred and analyzed the meaning of trade, business, commerce which have been elaborated by the Constitutional Bench of Hon'ble Supreme Court in the case of Addl. CIT vs. Surat Art and Silk Manufacturers Association 121 ITR 1, and other Supreme Court decisions; Sole Trustee Loka Shikshan Trust 101. ITR 234, State of Punjab vs. Bajaj Electrical Ltd. (1968) 2 see 536, Khodey Distillary Ltd. vs. 4 ITA No.2266/M/2015 & ITA No.4694/M/2015 M/s. Builders Association of India State of Kerala (1975) 1 see 574 and CST vs. Sai Publication Fund (2002) 4 see 57 and also referred to…

Gandhi College of Pharmacy, Karnal vs. ACIT, New Delhi

In the result, the appeal of the assessee is allowed

ITA 3476/DEL/2012[2004-05]Status: DisposedITAT Delhi03 Feb 2017AY 2004-05

Bench: Sh. N. K. Saini, Am & Sh. C. M. Garg, Jm Ita No. 3476/Del/2012 : Asstt. Year : 2004-05 Gandhi College Of Pharmacy, Vs Acit, Near Iti Chowk, G. T. Road, Circle, Karnal Karnal (Appellant) (Respondent) Pan No. Aaatg5629D Assessee By : Sh. Ved Jain, Adv. & Ashish Goel, Ca Revenue By : Sh. Amrit Lal, Sr. Dr Date Of Hearing : 02.12.2016 Date Of Pronouncement : 03.02.2017 Order Per N. K. Saini, Am: This Is An Appeal By The Assessee Against The Order Dated 19.03.2012 Of Ld. Cit(A), Karnal. 2. Following Grounds Have Been Raised In This Appeal: “1. On The Facts & Circumstances Of The Case, The Order Passed By The Learned Commissioner Of Income Tax (Appeals) [Cit(A)] Is Bad Both In The Eye Of Law & On Facts. 2(I) On The Facts & Circumstances Of The Case, The Learned Cit(A) Has Erred Both On Facts & In Law In Confirming The Action Of A.O. In Holding That The Assesses Is Not Eligible For Exemption Under Section 10(23C)(Iiiad) Of The Act.

For Appellant: Sh. Ved Jain, Adv., & Ashish Goel, CAFor Respondent: Sh. Amrit Lal, Sr. DR
Section 10Section 139Section 143(3)Section 2(31)Section 263(1)

…h year, which is being done by your good self in A.Y. 2004-05 since the exemption has to be evaluated each year, on the basis of facts & circumstances of the case. The Hon'ble Supreme Court in Addl. CIT Vs. Surat Art Silk Cloth Manufacturer Association (1980) 121 ITR 1(SC) held as under:- "When the purpose of a trust or institution is advancement of an object of general public utility, it is that object itself and not its accomplishment or carrying out which must not involve the carrying of any activity for profits." Merely there is an increase in assets & fees or there is profit cannot be held as reason for disa…