Confederation of Pharma Dealers Association v. CIT (2022) 94 ITR 629 (Raipur)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Advancement of any other object of general public utility-It is not necessary that object of general public utility should be beneficial to whole mankind-Object beneficial to a section of public is also an object of general public utility-Merely leasing of developed plots to its members on basis of their respective contributions does not make assessee ineligible for registration as a charitable entity per se. [S. 2(15), 11]

In the present case assessee society is stated to be engaged in promotion of trade and commerce related to pharma business, protecting rights and interests of its members, making its members aware about their duties, conducting seminars and workshops and organizing awareness camps and educating them about health and safety, cleanliness and also creating awareness about legal provisions and duties and obligations under Income Tax Act and other laws to help them becoming a law abiding citizens. The assessee applied for registration under section 11 and 12 of the Act. However, the CIT(E) rejected the same on the ground that the assessee leased developed plots to its members on the basis of their respective contributions. On appeal before the Hon’ble ITAT, it was held that endeavors of the assessee society tantamounts to advancement of public utility and hence making such objects charitable in nature. The Hon’ble ITAT also relied on the decision of the Hon’ble Supreme Court in CIT v. Gujarat Maritime Board (2007) 295 ITR 561 (SC)  which has held that “When an object is to promote or protect the interest of a particular trade or industry that object becomes an object of public utility. Accordingly, the Hon’ble ITAT directed the CIT(E) to grant registration to the assessee.