Law:

Section:

Section 2(15) of the Income-tax Act, 1961 - Charitable/religious purpose - Assessment year 2006-07 - Whether production of television and radio programmes for purpose of telecasting and broadcasting through assessee's own network or through network hired by it would constitute advancement of any object of general public utility within meaning of section 2(15) - Held, no Section 12A, read with section 2(15), of the Income-tax Act, 1961 - Charitable or religious trust - Registration of - Assessment year 2006-07 - Whether application for registration has to be considered with reference to objects of assessee available as on end of previous year during which registration is sought under section 12A - Held, yes FACTS The assessee was a company registered under section 25 of the Companies Act, 1956. According to the assessee, it was formed for the purpose of advancement of the object of general public utility, which is one of the charitable purposes covered by section 2(15) and, so much so, it was entitled to registration as 'charitable institution' under section 12A. It, accordingly, filed application under section 12AA before the Commissioner for the assessment year 2006-07. However, while considering the application, the Commissioner found that the assessee was not entitled to registration under the head "charitable institution" for the following reasons :- (1) the benefit of the foundation, according to the main object clause, would go to the members of the foundation; (2) the activities covered by the object clause were essentially business activities which were not intended to serve any benefit for the public generally and, so much so, it was not formed for advancement of object of any general public utility; and (3) since the assessee was formed for starting telecasting and broadcasting of television and radio programmes respectively, benefits, if any of the same, were not confined to residents of India and, so much so, the activities outside the territories of the country would disentitle the assessee from getting the benefit of exemption because under section 11, exemption is confined to charitable activities carried on in India. On the first objection, the…

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