Ex students association and 12aa

No .........

If a regulatory body is pursuing an ‘object of general public utility’ which qualifies to be a charitable activity under section 2(15) of the Act, it is eligible for registration under section 12A.

▶ The scope of expression ‘any other object of general public utility’ is indeed wide, though it would indeed exclude the object of private gain such as an undertaking for commercial profit.

▶ This was the view expressed in Himachal Pradesh Environment Protection & Pollution Control Board v CIT [2009] 125 TTJ (Chd) 98.

▶ Similarly in the case of CIT, Lucknow v. Krishi Utpadan Mandi Samiti [2010] 186 Taxman 460 (All), it was held that a society engaged in promotion of trade of its members including procurement and marketing the product shall be considered as engaged in “advancement of any object of general public utility”.

▶ However, the proper care needs to be taken even while pursuing these objects particularly in view of restriction on commercial activity through amendment to section 2(15) w.e.f. 01.04.2016.

More:: Registration-Charitable-Trusts.

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