Humana People to People India Vs DCIT (ITAT Delhi)
ITAT Delhi Holds Microfinance as Charitable – Charging Interest Doesn’t Kill Charitable Nature – ITAT Backs NGO’s Livelihood Work
Background
- Assessee: Humana People to People India (HPPI), a not-for-profit company registered u/s 25 of Companies Act & u/s 12A of the Income Tax Act.
- Activities: Education, relief to poor, medical relief, environment & microfinance (since 2007).
- AO’s Findings (29.12.2019 u/s 143(3)):
- Noted income from commission, processing fee, interest, and microfinance exceeded 20% of total receipts.
- Applied proviso to s.2(15), held microfinance activity commercial.
- Treated specified grants of ₹31.71 Cr as income.
- Assessed taxable income at ₹5.43 Cr, denied exemption u/s 11.
- CIT(A)/NFAC (30.09.2024): Upheld AO’s order, treated assessee as AOP, confirmed denial of exemption.
Tribunal’s Findings
1. Charitable Nature of Microfinance
- Microfinance started in 2007 to provide credit to rural poor women.
- Tribunal noted:
- Earlier years’ assessments consistently accepted microfinance as charitable.
- RBI circulars allow NGOs to act as business correspondents; income incidental to livelihood support.
- Cited precedents:
- Spandana (Rural & Urban Development Organization) (AP HC, 2013).
- Navodaya Grama Vikas Charitable Trust (ITAT Bangalore, 2023).
- Janodaya Trust (ITAT Bangalore, 2016).
- Adhikar, Bhubaneshwar (ITAT Cuttack, 2018).
- Held: Charging 14–26% effective interest to cover costs does not make activity commercial.
2. Specified Grants
- AO wrongly treated earmarked grants (₹31.71 Cr) as income.
- Tribunal relied on DIT vs. Society for Development Alternatives (Del HC, 2012):
- Specified grants are liabilities, not voluntary contributions, as they must be used only for earmarked purposes.
3. Application of Proviso to Section 2(15)
- AO’s reliance on Circular 11/2008 misplaced.
- Tribunal: Assessee engaged in relief of poor, education & livelihood support.
- Microfinance subserves main charitable objects; not business or trade.
Decision
- Exemption u/s 11 & 12 restored.
- Additions of ₹5.43 Cr deleted.
- Both orders of AO (29.12.2019) & CIT(A) (30.09.2024) set aside.
- Appeal allowed in full
FULL TEXT OF THE ORDER OF ITAT DELHI
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