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The primary or dominant object of the trust satisfies the conditions laid down under s. 2(15) of the Act. Even if some ancillary or incidental objects are not charitable in nature, the institution would still be considered as a charitable organisation. As held by the Supreme Court in the case of Director of IT vs. Bharat Diamond Bourse (supra), merely because some facilities were beyond its main object, that by itself would not deprive the institution of the benefits of a charitable organisation. Reiterating its earlier view in CIT vs. Andhra Chamber of Commerce (1965) 55 ITR 722 (SC), the Constitution Bench of the Supreme Court in Surat Art Silk Cloth Manufacturers Association (supra) held that if the primary purpose of advancement of objects is for general public utility, the institution would remain charitable, even if there are incidental non-charitable objects for achieving the said purpose.

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Sec. 2(15) & 12AA of Income-tax Act, 1961 — Charitable trust — Registration of Trust — If the primary purpose of advancement of objects is for general public utility, the institution would remain charitable, even if there are incidental non-charitable objects for achieving the said purpose. Merely because the objects of the trust are for the advancement of the business of Third Party Administrator, it would not ipso facto render the trust to be non-charitable.  The objects of the trust are not exclusively for the promotion of the interests of the TPA members, the objects are to provide benefit to general public in the field of insurance and health facilities and in the course of carrying out the main activities of the trust, the benefits accruing to the TPA members cannot, by itself, deny the institution the benefit of being a charitable organisation— CIT vs. Association of Third Party Administrators [2020] 313 CTR 2 (DEL)

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