VidhiSangh

Supreme Court of India · 01/03/2021

GOVERNMENT OF KERALA & ANR. versus MOTHER SUPERIOR ADORATION CONVENT

[2021] 3 S.C.R. 26 · 2021 INSC 129

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld building-tax exemption for convent accommodation integrally connected with religious activity and institutional hostels accommodating their own students. Under the Kerala Building Tax Act, principal use and the dominant purpose govern; the exemption is not confined to rooms where instruction or worship occurs. Commercial letting does not qualify merely because its income supports religious activity. The Court applied the purposive approach to beneficial exemptions and held that Dilip Kumar had not silently displaced that distinct line of authority.

Issues

  1. Whether residential facilities integrally connected with religious or educational activity fall within the building-tax exemption.
  2. Whether the general rule of strict construction of tax exemptions displaces purposive construction of beneficial exemptions.

Provisions considered

Held

Result

State of Kerala’s appeals dismissed. The assessee’s appeal in Civil Appeal No. 204 of 2012 allowed and the adverse Division Bench judgment set aside.

Judgment PDF: Supreme Court of India, [2021] 3 S.C.R. 26.