VidhiSangh

Supreme Court of India · 19/10/2022

M/S NEW NOBLE EDUCATIONAL SOCIETY versus THE CHIEF COMMISSIONER OF INCOME TAX 1 AND ANR.

[2022] 18 S.C.R. 1082 · 2022 INSC 1111

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Summary

Andhra Pradesh educational societies were refused approval under Section 10(23C)(vi) of the Income Tax Act, 1961 because they had objects besides education and were not registered under the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987. The Supreme Court dismissed their appeals. 'Solely' means exclusively, not predominantly, so every object must relate to education. The predominant-object test from Surat Art Silk does not apply to educational institutions, and American Hotel and Queen's Education Society are overruled on this point. Surplus earned through education is no bar. Incidental business means education-related activity such as textbooks, school buses and student hostels. The authority may examine audited accounts at the approval stage, and registration under state charity laws is relevant. The ruling is prospective.

Issues

  1. What 'existing solely for educational purposes and not for purposes of profit' in Section 10(23C)(vi) of the Income Tax Act, 1961 means, and whether the predominant-object test applies.
  2. What business income may be treated as 'incidental' under the seventh proviso to Section 10(23C) and Section 11(4A) for educational institutions.
  3. Whether the prescribed authority may examine accounts and income at the approval stage.
  4. Whether registration under the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 is a relevant condition for approval.

Provisions considered

Held

Result

Appeals dismissed without costs; the law declared operates prospectively, and the institutions may apply afresh.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 1082.