Expenditure on educational seminars by 'Charitable Institutions' related to the main object cannot be disallowed



Quick Summary
Expenditure on educational seminars organised by charitable institutions for knowledge exchange and skill development is generally not disallowable if it aligns with their main charitable object. This principle was upheld in a recent ITAT case. However, organisations claiming tax exemption must ensure that any business or trade activities are either non-existent or incidental, not exceeding 20% of total receipts and priced at cost or slightly above.

'Chintan Shivirs' for the exchange of knowledge is not new, and, without going too much into the political landscape, it is especially not new to the current government in India. Organizing such seminars, conferences, and lectures provides a platform and environment for the exchange of knowledge and
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Yes, expenditure on educational seminars is generally not disallowable if it directly relates to the main object of the charitable institution, such as imparting or improving education.

'Chintan Shivirs' are seminars or conferences organised for the exchange of knowledge and experience, updating participants on the latest developments in their field.

Entities must prove they have no standalone business activities, or if they do, these must be 'connected' to their main object, with receipts not exceeding 20% of total receipts and priced at cost or nominally above.

If there are standalone business activities, separate books of accounts must be maintained, and the profits derived from these activities should be offered for taxation.

Receipts from 'connected' activities in the nature of trade, commerce, or business should not exceed 20% of the total receipts of the charitable institution.




About the Author

DESIGNATED PARTNER

Mr. Vivek Jalan is a FCA, Qualified LL.M (Constitutional Law) and LL.B. He is the Chairman of The Fiscal Affairs and Taxation Committee of The Bengal Chamber of Commerce and Industry. He is the Convenor on Indirect Taxes of the CII- Economic Affairs and Taxation Committee (ER); He is also a visiting faculty for Indirec ... Read more

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