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Supreme Court of India 2023-01-31 partly_allowed

(EXEMPTIONS) DELHI vs SERVANTS OF PEOPLE SOCIETY

Bench: 2 — S. Ravindra Bhat, Dipankar Datta

In Brief

Delhi's Commissioner of Income Tax appealed a High Court decision upholding exemption of a registered charitable society founded by freedom fighter Lala Lajpat Rai in 1921. The society claimed income tax exemption under Section 11 while running schools, a medical centre, an old-age home, and managing a newspaper with advertisement revenue. The Supreme Court found that while charitable trusts may conduct business activities connected to their charitable objects, receipts must not exceed 20% of total income. Advertisement revenue from newspapers constitutes taxable business income. The Court allowed the appeal in part, remitting the case to the Assessing Officer for fresh examination of whether the society's total receipts comply with statutory limits.

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Income Tax Exemptions Charitable Trusts General Public Utility Section 2(15) Section 11 Business and Commerce Newspapers

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