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“Section 2(15)”

Section References (mined)Section 2Section 2(15)1,405 judgments

The decision most relied on for Section 2(15) is 279 ITR 331/149 Taxman 15 (Guj.); 5. CIT v. Sabari Enterprises (298 ITR 141), cited in 706 judgments on BharatTax.

Leading authorities on Section 2(15)

279 ITR 331/149 Taxman 15 (Guj.); 5. CIT v. Sabari Enterprises
298 ITR 141 · 2008 · High Court
706
citing judgments

Employee contributions to provident fund or ESI, even if deposited after the due date specified in the respective welfare statutes, are allowable as a deduction under Section 36(1)(va) if paid before the due date for filing the income-tax return. This judgment aligns the treatment of employee contributions with employer contributions under Section 43B.

ACIT v. Ahmedabad Urban Development Authority
143 Taxmann.com 278 · 2022 · Supreme Court
390
citing judgments

If activities for the advancement of general public utility are carried on as a business, income from such activities is not exempt under Section 11, even if the profits are utilized for the main charitable object. The argument that profits from general public utility activities can be ploughed back to charity to maintain exemption is not a good law.

Addl. CIT v. Surat Art Silk Cloth Manufacturers Association
121 ITR 1 · 1980 · Supreme Court
328
citing judgments

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.

Sole Trustee, Loka Shikshana Trust v. CIT
101 ITR 234 · 1975 · Supreme Court
323
citing judgments

This case defines 'education' under Section 2(15) of the Income Tax Act as systematic instruction, schooling, or training given to the young for preparation for the work of life. It clarifies that 'education' in this context has a narrow meaning, not extending to every acquisition of further knowledge.

CIT v. Yokogawa India Ltd.
341 ITR 385 · 2012 · High Court
270
citing judgments

A provision for doubtful debts cannot be added back while computing book profits under Section 115JB of the Income-tax Act for Minimum Alternate Tax (MAT) purposes.

CIT v. Andhra Chamber of Commerce
55 ITR 722 · 1965 · Supreme Court
167
citing judgments

An organization qualifies as having a charitable purpose if its primary object is the advancement of general public utility, even if its members receive incidental benefits. The existence of incidental non-charitable objects does not negate its charitable status.

Queen’s Educational Society v. CIT
372 ITR 699 · 2015 · Supreme Court
152
citing judgments

An educational institution that generates a surplus does not automatically lose its charitable status or cease to exist solely for educational purposes. This is true if the surplus is reinvested for its educational objectives, and the predominant object test determines if the institution's primary aim is education or profit.

India Trade Promotion Organization v. DGIT(Exemption)
371 ITR 333 · 2015 · High Court
128
citing judgments

An institution engaged in the advancement of general public utility retains its charitable character and eligibility for exemptions under Section 11 or approval under Section 10(23C)(iv) provided profit is not its predominant motive, even if it generates incidental surpluses or collects fees.

Judgments citing Section 2(15)

Saraswati Sahitya Prachar Samiti, Raipur vs. Commissioner of Income Tax, Exemption, Bhopal

In the result, appeal of the assessee stands dismissed

ITA 216/RPR/2019[2019-20]Status: DisposedITAT Raipur23 Aug 2023AY 2019-20

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.216/Rpr/2019 निर्धारण वर्ष /Assessment Year: 2019-20 Sarswati Sahitya Prachar Samiti Vs Cit(Exemptions) 1, Saraswari Vihar Bhopal Rohnipuram, Behind Ayurvedik College, Raipur Chattisgarh - 492 001 Pan No. Aafas 0997J (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धारितीती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Smt. Ila M. Parmar, Cit-Dr सुनवाई ाई की तारीख / Date Of Hearing : 21/08/2023 घोषणाणा की तारीख/Date Of Pronouncement : 23/08/2023 आदेश / O R D E R Per Arun Khodpia, Am : The Present Appeal Of The Assessee Is Filed Against The Order Passed By The Ld. Commissioner Of Income Tax (Exemptions), Bhopal, Dated 26.09.2019 U/S 10(23C)(Vi) Of The Income Tax Act, 1961. The Grounds Of The Appeal Raised By The Assessee Are As Under: “1. The Appellant Assessee Is A Aop & Filed The Return Of Its Income For The Assessment Year 2018-19 On 22-08-2018 Declaring Total Income At Rs 9,40,500/- The Assessee Filed An Application In Form 56D On Dated 20/10/2018. The Cit (Exemption), Bhopal Has Rejected The Application Filed By The Assessee U/S 10(23C)(Vi) On 26 September. 2019. 2. The Cit (Exemption), Bhopal Issued A Notice On Dated 12/09/2019 For Attending At The Office On 20.09.2019. The Authorized Representative Of The Assessee, Shri Nandan Lai Jain C.A. Appear Before The Ito Of The Cit (Exemption), Bhopal With The Required & Necessary Documents. 3. The Ld. A.O Had Rejected The Impugned Application Without Giving Any Proper & Meaningful Opportunity Of Being Heard To The Appellant.

For Appellant: NoneFor Respondent: Smt. Ila M. Parmar, CIT-DR
Section 10

profit. In the instant case, it is seen that the society is conducting trading activities which is in contravention of the provisions of Section 2(15) of the Income Tax Act, 1961 which reads as under: “Charitable Purpose included relief of the poor, education, yoga, medical relief, preservation of environment ... covered under advancement of any other object of general public utility can do commercial activities upto 20% of its total receipts [proviso to section 2(15). The advancement of any other object of general public utility shall not be charitable purpose, if it involves the carrying on of any activity