Marg Foundation v. ITO(E) (2021) 191 ITD 299 (Mum.)(Trib.)

S. 11 : Property held for charitable purposes-Education-Publishing and selling of books and CDs relating to different fields-Classical education-Held to be charitable in nature and not advancement of any other object of general public utility-Denial of exemption was held to be not justified. [S. 2(15)]

Main object of assessee-trust was promotion of education in field of art, culture and literature by various modes. The Assessing Officer denied the exemption on the ground that   the assessee was not engaged in imparting education but in publishing and selling of books and CDs relating to different fields which did not fall within ambit of term education.  Tribunal held that trust was created as a public charitable trust for preservation and promotion of art, culture, literature, science and encouraging creativity and art initiatives and that it was hived off from National Centre for Performing Arts (NCPA) committed to preserving and promoting India’s rich and vibrant artistic heritage in fields of music, dance, theatre, film etc. and assessee-trust, in pursuance of its charitable objects, had resorted to come out with various publications of books, magazines/journals which would depict rich cultural heritage of India.  For publication of assessee-trust, grants were received from Ministry of Culture, Government of India. Activities of assessee-trust fell within purview of Classical education and were to be held to be charitable in nature and not advancement of any other object of general public utility and, hence, proviso to section 2(15) did not apply to assessee. (AY. 2011-12, 2012-13)