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Supreme Court has Zero Care about Profit-oriented Educational Institution

Supreme-Court-has-Zero-Care-about-Profit-oriented-Educational-Institution

The Supreme Court gives a damn about for-profit educational institutions.

On Wednesday, the Supreme Court ruled that in order to qualify for an exemption under Section 10 (23C) of the Income Tax Act, any society, fund, trust, or institutions claiming to have been established for the “charitable purpose of education” must be “solely” devoted to education. The bench of CJI Uday Umesh Lalit, Justices S. Ravindra Bhat, and P. S. Narasimha observed that such institutions would not be entitled to approval where the objective of the institution appears to be profit-oriented.

“True wealth is education – and access to it – in a knowledge-based, information-driven society. Every social structure accepts and even values philanthropic endeavours since they allow one to give back to society what they have gained or benefited from. Our Constitution embodies a principle that connects education with altruism,” The judgement was written by a Supreme Court Justice Ravindra Bhat.

Education and allied endeavours shouldn’t be viewed as trade, business, or commerce. In the T.M.A. Pai Foundation case judgement, one of the court’s most authoritative rulings, Justice Bhat noted that this concept had been established. Delivering a resounding condemnation of profit-oriented educational institutions.

Through this judgement, Justice Bhat noted, “the interpretation of education being the sole’ goal of every trust or organisation which wants to propagate it, complies with the constitutional notion and, moreover, protects its pristine and unsullied nature.”

The court overturned its earlier rulings that read the word “solely” in Section 10(23C) as meaning the “dominant/prevailing/primary/main” object. It was made clear, nonetheless, that the law stated in the current ruling would only be applicable going forward.

Certain forms of income are excluded from taxation under Section 10 of the IT Act. When it was relevant (2012), Section 10 (23C) said the following: Any revenue falling under one of the following clauses shall not be included when calculating a person’s total income for a prior year: (vi) any university or other educational institutions existing solely for educational purposes and not for purposes of profit, other than those mentioned in sub-clause (iiiab) or sub-clause (iiiad) and which may be approved by the prescribed authority; or…

In response to the Andhra Pradesh High Court’s ruling that the trusts that sought exemption under Section 10 (23C) of the IT Act were not established “solely” for the purpose of education, a number of educational trusts petitioned the Supreme Court, which denied their request to be registered as funds, trusts, institutions, universities, or other educational institutions established for the charitable purpose of education.

 

The bench of the Supreme Court came to the following conclusions when dismissing their appeals to restrict profit-oriented institutions: