CIT (E) v. Jaipur Development Authority (2026) 309 Taxman 354 (Raj.)(HC)

S. 11: Property held for charitable purposes-Assessee advancing objects of general public utility carried on activities resulting in incidental surplus, and quantitative limit prescribed under second proviso to section 2(15) was adhered to; such activities continued to qualify as charitable for purposes of section 11 of the Act. [S. 2(15), 260A]

Hon’ble Rajasthan High Court held that an institution advancing objects of general public utility undertakes activities that incidentally generate profits; such an institution would continue to qualify as charitable provided the quantitative limit prescribed under the second proviso to section 2(15) is adhered to. Thus, the activities undertaken by the assessee-development authority are charitable in nature and fall within the ambit of “advancement of any other object of general public utility”. Merely because certain activities resulted in incidental surplus or profit would not disentitle the assessee from exemption under section 11. Further, once the assessee is entitled to exemption under section 11, all consequential benefits and claims flowing therefrom have to be granted to the assessee.

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