M/S Pranab Micro Services Federation vs Principal Chief Commissioner Of Income … on 25 March, 2026

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    Calcutta High Court

    M/S Pranab Micro Services Federation vs Principal Chief Commissioner Of Income … on 25 March, 2026

    Author: Kausik Chanda

    Bench: Kausik Chanda

    OD-4
                              ORDER SHEET
                    IN THE HIGH COURT AT CALCUTTA
                      Constitutional Writ Jurisdiction
                             ORIGINAL SIDE
    
    
                              WPO/1070/2024
    
             M/S PRANAB MICRO SERVICES FEDERATION
                              VS
      PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX AND ORS
    
    
    
      BEFORE:
      The Hon'ble JUSTICE KAUSIK CHANDA
      Date : March 25, 2026.
    
    
                                                                   Appearance:
                                                    Mr. Anirban Banerjee, Adv.
                                                       Mr. Bikash Halder, Adv.
                                                    Ms. Shreshtha Gupta, Adv.
                                                   Mr. Sayantan Banerjee, Adv.
                                                    Ms. Arpita Chatterjee, Adv.
                                                           ... for the petitioner.
    
                                                          Mr. Aryak Dutt, Adv.
                                                     Mr. Prithu Dudhoria, Adv.
                                                         ... for the respondent.

    The Court: The petitioner has been duly registered as a

    charitable institution under Section 12AA of the Income Tax Act,

    SPONSORED

    1961. Subsequently, the petitioner applied for provisional approval

    under Clause (iv) of the First Proviso to Section 80G(5) of the Act.

    Such provisional approval was granted in Form 10AC, vide order

    dated 28 May 2021, for the period commencing from 28 May 2021

    up to Assessment Year 2024-25.

    Thereafter, the petitioner applied for final approval under

    Clause (iii) of the First Proviso to Section 80G(5) of the Act. However,
    2

    the Commissioner of Income Tax (Exemption) rejected the said

    application on the ground that the statutory time limit for filing

    such an application had not been adhered to. It was observed that

    the application for final approval under Section 80G was required to

    be made at least six months prior to the expiry of the provisional

    approval period, or within six months from the commencement of

    activities, whichever was earlier. The authority further noted that

    the petitioner had commenced its activities well before the grant of

    provisional registration; consequently, the prescribed time limit had

    expired, rendering the petitioner ineligible for final approval under

    Section 80G(5).

    Aggrieved by the aforesaid order, the petitioner preferred an

    appeal before the Income Tax Appellate Tribunal, ‘C’ Bench,

    Kolkata. By its order dated 11 March 2024, the Tribunal disposed of

    the appeal, inter alia, observing as follows:

    “Since, the facts and issues involved in this case in hand

    are identical to that of the above referred decision,

    the appeal of the assessee is allowed accordingly

    and the ld. CIT(Exemption) is directed to grant

    provisional approval to the assessee under Clause

    (iii) to First Proviso to section 80G(5) of the Act, if the

    assessee is otherwise found eligible. The ld. CIT(A)

    will decide the application for final registration

    within three months of the receipt of copy of this

    order.”

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    Pursuant to the said order, the matter was reconsidered on

    merits by the Commissioner of Income Tax (Exemption), Kolkata. By

    an order dated 11 July 2024, the petitioner’s application for

    registration under Section 12A(1)(ac)(iii) of the Income Tax Act, 1961

    was rejected. Being aggrieved, the petitioner has instituted the

    present writ petition.

    Learned counsel appearing on behalf of the Revenue has

    relied upon the decisions in Shalom Charitable Ministries of India v.

    Assistant Commissioner of Income Tax ([2020] 81 ITR (Trib) 20

    (Cochin)) and Income Tax Officer (Exemptions) v. Kalanjlam

    Development Financial Services ([2016] 6 ITR (Trib) OL 226

    (Chennai)) to contend that microfinance activities do not constitute

    charitable purposes and are therefore not entitled to exemption

    under the Act.

    It appears that the petitioner is incorporated as a non-profit

    organization under Section 8 of the Companies Act, 2013. The

    Memorandum of Association of the petitioner, inter alia, sets out the

    following objects:-

    “3 (A) 4. To provide technical, managerial and human

    resource training and to assist in getting finances from

    venture capitalists, Angel Funding and other financial

    Government/Non-Government and international

    institutions.

    3 (A) 5. To reduce poverty in India by carrying on the

    business of providing microfinance and providing credit,
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    to the poor section of the population for their socio-

    economic development in sustainable manner and

    providing credit to persons belonging to poorer sections

    either individually or joined together as self-help groups,

    not with the motive of profit.”

    Section 2(15) of the Income Tax Act, 1961 defines the term

    “charitable purpose” as follows:-

    “(15) Charitable purpose includes relief of the

    poor, education [yoga] medical relief, [preservation of

    environment (including water-sheds, forests and wildlife) and

    preservation of monuments or places or objects of artistic or

    historic interest,] and the advancement of any other object of

    general public utility;

    [Provided that the advancement of any other

    object of general public utility shall not be a charitable purpose,

    if it involves the carrying on of any activity in the nature of

    trade, commerce or business, or any activity of rendering any

    service in relation to any trade, commerce or business, for a

    cess or fee or any other consideration, irrespective of the nature

    of use or application, or retention, of the income from such

    activity, unless-

    (i) Such activity is undertaken in

    the course of actual carrying out of such
    5

    advancement of any other object of general public

    utility and

    (ii) the aggregate receipts from such

    activity or activities during the previous year, do

    not exceed twenty percent of the total receipts, of

    the trust or institution undertaking such activity or

    activities, of that previous year;]]”

    It is well settled in law that the provision of microfinance and

    credit facilities, even if aimed at economic upliftment, may not

    qualify as a charitable activity where such operations involve

    commercial elements, including the charging of interest or other

    profit-oriented considerations. The determinative criterion for an

    activity to be regarded as charitable is the absence of a profit

    motive. Where income is generated in the form of interest or the

    activity is conducted on commercial terms, it assumes the character

    of a business activity.

    In this context, the Commissioner of Income Tax (Exemption)

    recorded, inter alia, the following findings:

    “9. The assessee has failed to commit itself to the
    version submitted by it. The assessee has failed
    to explain the modus operandi to be utilized, for
    the purpose of providing the microfinance to the
    poor.

    10. The assessee has even not committed itself to
    furnish the rate of interest, to be charged from its
    lending and to be paid for borrowing/capital. The
    assessee stated that the micro finance is made
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    available to small business vendors, the sellers
    etc. rate of interest will be as per RBI norms.
    RBI norms are open market norms and the
    assessee has failed to establish how charging of
    interest as per RBI can be held as charitable
    activities.

    With regard to its aforesaid clause also the
    assessee has simply stated that they have not yet
    started any activities as per its MOA, except some
    food distribution etc.

    11. Therefore, considering the discussion as above
    it is held that the objectives of micro finance,
    contained in the MOA of the assessee can not be
    held as charitable activity and therefore, not
    eligible for exemption under section 12AB of the
    Act, accordingly the application of the assessee
    filed in form 10AB is hereby rejected. The
    Provisional Certificate issued to the assessee is
    hereby cancelled w.e.f. the date of its issue.”

    Upon consideration, no perversity or illegality is found in the

    order passed by the Commissioner of Income Tax (Exemption),

    Kolkata, warranting interference with the impugned decision.

    Accordingly, the writ petition is liable to be dismissed.

    However, learned counsel for the petitioner submits that the

    petitioner has since amended its Memorandum of Association to

    exclude microfinance activities.

    In view of this submission, it is observed that the petitioner

    shall be at liberty to apply afresh for exemption, subject to such

    amendments being duly effected in accordance with law.
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    Accordingly, WPO/1070/2024 stands dismissed.

    (KAUSIK CHANDA, J.)

    mg/kc



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