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Monday 13 July 2015

Registration u/s 12A cannot be denied merely upon activities of trust are extended outside India, where trust property is held wholly and exclusively under trust for charitable and religious purposes

Critical Art and Media Practices v. Director of Income-tax (Exemption), Mumbai [2015] 153 ITD 664 (Mumbai - Trib.)

- In the present case, the objects of the trust suggest that the trust has been formed to promote art and culture of India within India and globally which fall in the definition of 'any other object of general public utility' and, hence, included in the definition of 'charitable purposes'. So far as the application of income outside India is concerned, the assessee has vehemently stressed that the projects, conferences and seminars had been carried out by the trust to promote Indian culture and art at international level, further that the activities such as to host artists-in-residence programmes for national as well as international artists for the benefit of society are the objects that promote international welfare in which India is interested. He has further stressed that the trust has received permission from the Home Ministry, Government of India, to carry out such activities outside India. Considering the overall discussion it is to be held that the activities of the trust would fall in the definition of 'charitable purposes'. However, so far as the application of income outside India, as claimed to have been applied to promote international welfare in which India is interested is concerned, it is to be proved with necessary evidences and also subject to approval of the Board for entitlement of exemption from tax on such income. However, the registration cannot be refused on the ground that the income is applied for charitable purposes outside India. Keeping in view the above submissions, the second ground on which the registration is rejected needs to be relooked by the DIT(E). If the activities otherwise are charitable and fall in the definition of 'charitable purposes' as defined under section 2(15) and property is held wholly and exclusively under trust for charitable and religious purposes as provided under section 11, then such a trust subject to the fulfilment of other conditions as laid down by the different provision of the Act, will be entitled to registration and it cannot be dined registration because of the fact that its activities are extended outside India. However, while computing the income as per the provisions of section 11, the income which is applied on such an activities in India only, will be eligible for exemption and subject to the provisions of section 11(1)(c) wherein the income applied outside India is also eligible for exemption, if the activities tend to promote the international welfare in which India is interested and the approval has been granted by the Board for such application of income. However, so far as the second ground regarding the salary received by the trustees in excess of what may be reasonably paid for such services is concerned, the matter is restored to the file of the DIT(E) for decision afresh after granting proper opportunity to the assessee trust to present its case and produce necessary evidences

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