Section 2(15) of the Income Tax Act

The decision most relied on for Section 2(15) is ACIT v. Ahmedabad Urban Development Authority (143 Taxmann.com 278), cited in 390 of the 2,878 judgments on BharatTax that turn on this section.

Leading authorities on Section 2(15)

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. 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.

ACIT v. Surat City Gymkhana
300 ITR 214 · 2008 · Supreme Court
125
citing judgments

Once an institution receives registration under Section 12AA, the Assessing Officer must compute its income as per Section 11, focusing only on the application of income and not re-examining the charitable nature of its activities. The Supreme Court also clarified the meaning and scope of 'general public utility' under Section 2(15).

Ananda Social and Educational Trust v. CIT
426 ITR 340 · 2020 · Supreme Court
116
citing judgments

For registration under Section 12AA, the Commissioner (Exemptions) must examine the objects of the trust and the genuineness of its proposed activities, even if the trust has not yet commenced actual charitable activities or incurred expenditure.

362 ITR 539 (Gujarat) (d) Institute of Chartered Accountants of India v. DGIT
347 ITR 99 · 2012 · High Court
112
citing judgments

The broad definition of 'business' should not be applied when interpreting the proviso to Section 2(15) of the Income-tax Act, 1961, as the object and purpose of the section must be considered.

American Hotel and Lodging Association Educational Institute v. CBDT
301 ITR 86 · 2008 · Supreme Court
111
citing judgments

An educational institution is eligible for exemption under Section 10(23C)(vi) if it exists solely for educational purposes, even if it generates incidental profits. The mere existence of profit does not disqualify an institution from exemption.

Judgments on Section 2(15)

Jan Kalyan Samiti, Patna vs. CIT Exemption, Patna

In the result, both the appeals of the assessee, being ITA Nos

ITA 88/PAT/2025[2022-2023]Status: DisposedITAT Patna15 Oct 2025AY 2022-2023

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.80 & 88/Pat/2025 Assessment Year: 2022-23 Jan Kalyan Samiti…………..….………. …………………....Appellant Khasmahal, Road No.3, Chiraiyatand, Patna – 800001. [Pan: Aaatj5412D] Vs. Cit (Exemption), Patna....…..……………..………………….…..... Respondent Appearances By: Shri Anjan Biswas, Fca, Appeared On Behalf Of The Appellant. Md. Shadab Ahmed, Cit(Dr), Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 13, 2025 Date Of Pronouncing The Order : October 15, 2025 आदेश / Order Per Sonjoy Sarma: Both These Appeals By The Assessee Are Directed Against The Orders Of The Learned Commissioner Of Income Tax (Exemption), Patna, Dated 26.12.2024, For The Assessment Year 2022–23. Since The Issues Involved In Both The Appeals Pertain To The Same Assessee & Arise Out Of Common Facts & Connected Applications, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience. 2. Ita No. 88/Pat/2025 Relates To Rejection Of The Application In Form No. 10Ab Filed By The Assessee Seeking Regular Registration Under Clause (Ac)(Iii) Of Sub-Section (1) Of Section 12A Of The Income-Tax Act, 1961 & Ita No. 80/Pat/2025 Relates To Rejection Of The Application In

Section 11Section 12ASection 12A(1)(ac)Section 2(15)Section 80GSection 80G(5)

Jan Kalyan Samiti, Patna vs. CIT Exemption, Patna

In the result, both the appeals of the assessee, being ITA Nos

ITA 80/PAT/2025[2022-23]Status: DisposedITAT Patna15 Oct 2025AY 2022-23

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.80 & 88/Pat/2025 Assessment Year: 2022-23 Jan Kalyan Samiti…………..….………. …………………....Appellant Khasmahal, Road No.3, Chiraiyatand, Patna – 800001. [Pan: Aaatj5412D] Vs. Cit (Exemption), Patna....…..……………..………………….…..... Respondent Appearances By: Shri Anjan Biswas, Fca, Appeared On Behalf Of The Appellant. Md. Shadab Ahmed, Cit(Dr), Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 13, 2025 Date Of Pronouncing The Order : October 15, 2025 आदेश / Order Per Sonjoy Sarma: Both These Appeals By The Assessee Are Directed Against The Orders Of The Learned Commissioner Of Income Tax (Exemption), Patna, Dated 26.12.2024, For The Assessment Year 2022–23. Since The Issues Involved In Both The Appeals Pertain To The Same Assessee & Arise Out Of Common Facts & Connected Applications, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order For The Sake Of Convenience. 2. Ita No. 88/Pat/2025 Relates To Rejection Of The Application In Form No. 10Ab Filed By The Assessee Seeking Regular Registration Under Clause (Ac)(Iii) Of Sub-Section (1) Of Section 12A Of The Income-Tax Act, 1961 & Ita No. 80/Pat/2025 Relates To Rejection Of The Application In

Section 11Section 12ASection 12A(1)(ac)Section 2(15)Section 80GSection 80G(5)

Haryana Building and Other Construction Workers Welfare Board, Panchkula vs. DCIT, Exemption, Chandigarh

In the result, this appeal of the Assessee stands dismissed

ITA 337/CHANDI/2023[2016-17]Status: DisposedITAT Chandigarh10 Oct 2025AY 2016-17

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 237/Chd/2020 निर्धारण वर्ष / Assessment Year : 2014-15 Haryana Building & Other Construction Workers Welfare Board, Bays No. 29- 30, Sector 4, Panchkula, Haryana The Dcit, बनाम Circle 2, Vs. Exemption, Chandigarh स्थायी लेखा सं./ Pan No: Aaath6995H अपीलार्थी/Appellant प्रत्यर्थी/Respondent आयकर अपील सं./ Ita Nos.337 To 339/Chd/2023 निर्धारण वर्ष / Assessment Years : 2016-17, 2017-18 & 2018-19 Haryana Building & Other Construction Workers Welfare Board, Bays No. 29- 30, Sector 4, Panchkula, Haryana The Dcit बनाम Exemption, Vs. Chandigarh स्थायी लेखा सं./ Pan No: Aaath6995H अपीलार्थी/Appellant प्रत्यर्थी/Respondent आयकर अपील सं./ Ita No. 63/Chd/2021 निर्धारण वर्ष / Assessment Year : 2015-16 Haryana Building & Other Construction Workers Welfare Board, Bays No. 29-30, Sector 4, Panchkula, Haryana The Dcit बनाम Exemptions, Vs. Chandigarh स्थायी लेखा सं./ Pan No: Aaath6995H अपीलार्थी/Appellant प्रत्यर्थी/Respondent ( Physical Hearing ) निर्धारिती की ओर से/Assessee By : Sh. Nikhil Goyal, Advocate, Sh. Ashok Goyal, Ca & Sh. Sifatfreet Singh, Ca राजस्व की ओर से/ Revenue By : Sh. Manav Bansal, Cit Dr सुनवाई की तारीख/Date Of Hearing 08.12.2025 उदघोषणा की तारीख/Date Of Pronouncement 10.12.2025 आदेश/Order Per Bench: The Captioned Appeals Preferred By The Assessee Are Directed Against The Separate Orders Of The Ld. Commissioner Of Income- Tax (Appeals) For Different Assessment Years, As Per The Details Given Below: S.No.

For Appellant: Sh. Nikhil Goyal, AdvocateFor Respondent: Sh. Manav Bansal, CIT DR
Section 263

Punjab Heritage & Tourism Promotion Board, Chandigarh vs. CIT Exemptions, Chandigarh

The appeal stand allowed in terms of our above order

ITA 1126/CHANDI/2024[2024-25]Status: DisposedITAT Chandigarh07 Oct 2025AY 2024-25

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No.1126/Chandi/2024 Punjab Heritage & Tourism Promotion Board Cit (Exemptions) C/O Rajiv Goel & Associates बनाम/ Aaykar Bhawan. Sco 823-824,Sector 22-A Sector 17-E Vs. Chandigarh-160022. Chandigarh-160017 "ायीलेखासं./जीआइआरसं./Pan/Gir No.Aaatp-6562-G (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Dhruv Goel (Ca) -Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Kusum Bansal (Cit) (Virtual) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 17-09-2025 घोषणाकीतारीख /Date Of Pronouncement : 07/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aggrieved By Cancellation Of Registrations U/S 12A As Well As U/S 12A(1)(Ac)(I) Vide Order Dated 04-11-2024 Of Ld. Commissioner Of Income Tax (Exemption), Chandigarh, [Cit(E)], The Assessee Is In Further Appeal Before Us With Following Grounds Of Appeal: - 1. That The Learned Cit(E) Has Erred In Law & On Facts In Initiating Proceedings For Cancellation Of Registration U/S 12A & Observing That Assessee Had Committed A Specified Violation As Defined In Section 12Ab(4)(Ii). 2. That The Learned Cit(E) Has Erred In Law & On Facts In Cancelling The Registration U/S 12A Of The Assessee As Per Provisions Of Section 12Ab(4)(Ii) Of The Act. 3. That The Learned C1T(E) Has Erred In Law & On Facts In Cancelling The Registration U/S 12A With Retrospective Effect From Ay 2010-11 Onwards.

For Appellant: Shri Dhruv Goel (CA) -Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) (Virtual) – Ld. DR
Section 12ASection 12A(1)(ac)Section 148ASection 2(15)

Gosal Sagar Helping Hand Foundation, Jabalpur vs. Commissioner of Income Tax-Exemption, Bhopal

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 20/JAB/2025[2025-26]Status: DisposedITAT Jabalpur30 Sept 2025AY 2025-26

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2025-26 Gosal Sagar Helping Hand Foundation, Vs. Cit (Exemption), Bhopal 44, Gorakhpur, Jabalpur-482001 Pan:Aagag6146G (Appellant) (Respondent) Assessee By: Sh. Mujaid Ansari, C.A. Revenue By: Sh. Shravan Kumar Meena, Cit Dr Date Of Hearing: 20.08.2025 Date Of Pronouncement: 30.09.2025 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit (Exemption), Bhopal Refusing To Accept The Application Of The Assessee In Form No. 10Ab For Grant Of Registration Under Section 80G(5) Of The Act. The Grounds Of Appeal Are As Under:- “1. The Appellant, Gosal Sagar Helping Hands Foundation, Hereinafter Referred To As The 'Appellant', Is Aggrieved By The Order Dated 23/12/2024 Passed By The Commissioner Of Income Tax, Exemption [Cit(Exemption)] - Bhopal, Hereinafter Referred To As The 'Respondent', Rejecting The Application For Permanent Registration Under Section 80G(5) Of The Income Tax Act, 1961. 2. The Appellant, Incorporated On 02/11/2020, Obtained Provisional Registration Under Section 80G(5) Of The Income Tax Act, 1961, In Form 10Ac On 28/11/2021. Pursuant To This, The Appellant Duly Filed Form 10Ab Under Clause (Iii) Of The First Proviso To Section 80G(5) Of The Act On 13/06/2024, With The Intent Of Securing Permanent Registration Under Section 80G(5) Of The Act. 3. However, The Respondent Has Rejected The Application Contending That "The Assessee Society Has Failed To Substantiate His Claim Of Alleged Charitable Activities With Sufficient Documentary Evidences As Sought Vide The Aforesaid Letter Issued By This Office. It Is Also Found That After Giving Sufficient Opportunity The Assessee Has Failed To Furnish Point Wise Complete Information As Per Original

For Appellant: Sh. Mujaid Ansari, C.AFor Respondent: Sh. Shravan Kumar Meena, CIT DR
Section 80G(5)