If a trust (u/s 12 AA) offers hostel and transport facilities can it get tax exemption?
Case: Ideal Education Society Ghaziabad vs Addl. CIT Ghaziabad, ITAT Delhi
The assessee was registered as a society and charitable trust. It provided the following facilities to its students:
- Education for various professional courses
- Hostel and transportation facilities at an additional cost
- Hostel and transport facilities are separate businesses and cannot be covered as the charitable purpose (u/s 2(15) of the Act).
- A separate books of accounts needs to be maintained for both business activity and income derived from business shall not be exempted u/s 11(4A).
- Hostel and transport facilities were incidental activities related to primary activity, i.e., offering education.
- Activities related to the primary activity cannot be considered as the main business activity and exemption cannot be denied on this ground.
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