Time to tax so-called ‘charitable’ educational institutions
Anil Agashe 04 March 2013

Education is no more a charity, it is a big business. Despite earning huge income, most educational institutions enjoy tax exemption since they are registered as charitable trust. Can we plug this loophole, asks Prof Anil Agashe?

Dear Finance Minister,
 

This is not regarding your budget. It is about a big tax avoidance scam that is not a scam simply because it has the sanction of the law of the land. You have also made it clear that tax evaders are being sent notices and they better declare incomes and pay tax. But what do we do about tax laws that allow tax avoidance or evasion it really does not matter. What matters is the country is being taken for a ride.
 

Most educational institutions are registered as “charitable trusts” in our country and because of this all their income is exempt from tax. What a noble idea indeed Sirji! May be this was fine at the time of independence. In that era there were mad people who were running educational institutes as a patriotic duty.
 

Things have changed beyond recognition since then. Now education is a big business. Many politicians have jumped on this bandwagon because it is a great vehicle to grab land free or at throw away prices all over the country. Many private institutes and even universities have sprung up which are covertly or overtly backed by politicians of all hues. This is an admirable quality amongst your clan, you fight with each other constantly, ostensibly for the good of the country and we the unfortunate citizens, but when a money making opportunity arises you close ranks.
 

As I understand that an institution is charitable only as long as it is doing charity of some kind. Educational institutes that charge huge fees and run professional courses and do this with a clear motive of profits, have no business to be called ‘charitable’. There are institutions that make crores of rupees by conducting entrance examinations and sale of prospectus. Is this charity?  Should this income not be taxed?
 

It would be interesting to see what percentage of fees collected by such institutes is spent on academics! In one institute I was told the ratio of payment to faculty to total income was about 2%! What happened to the balance? What charitable things were done? No student gets concession in fees, there are no freeships for poor students either. And best of all many of these institutes are big borrowers, borrowing money from banks to build buildings and to buy computers and books as required by AICTEA.
 

Now one hears some of these fantastic temples of education do not pay salaries to their employees on time. In Pune I have heard that Sinhgad Institute and Indira Institutes fall under this category. IIPM is a classic case, it does not pay salaries on time, and it even has courage to pay one year’s arrears to their visiting faculties by issuing11 post dated cheques to be deposited at the rate of one cheque per month! And unfortunately we have professors who are willing to go through this humiliation! The faculty and staff have no guts to protest as they fear loss of arrears plus loss of job. This is nothing but exploitation. And Mr Minister the majority of the staff in such institutes may be women! So forget your “Nirbhaya Fund”, how about protecting women who are getting exploited in this organized trade called education?
 

One reason for thriving of such institutions is the craze for a degree among Indians. That a degree increases the price of a bridegroom in marriage is a proven fact. As a matter of fact many of my students have accepted this and some have even said that we come all the way to Pune and spend so much money because it is an investment that delivers manifold returns once we sell ourselves in the marriage markets!
 

Sir, this is nothing but money making and profit making business. Schools also are no exception. A play group in a school for two-three year olds who go to school for three-four hours only charges Rs30,000 per year! On the other hand there are government-aided schools where fees are not revised for 25 or more years! Girls irrespective of their parents’ economic status are provided free education in Maharashtra. These girls are dropped to school in chauffer-driven high-end cars! Undergraduate aided colleges charge laughable fees. The students don’t attend classes in college which suits the professors who are overpaid after the Sixth Pay Commission bonanza with no evaluation of performance and guarantee of no punishment for non-performance! These same students attend private coaching classes and pay 10 times more fees to attend them! Many professors in aided colleges actually put in more hours as visiting faculty and were reportedly making more money than their salary. This is an open secret. They are actually not allowed to do this, but then who cares?
 

So Sir, a humble request education is no more a charity, it is a business that only needs political patronage, which is available in plenty at a cost of course. Please plug this loophole in your taxation policy. And please make sure that the tax is imposed retrospectively, something that you are so fond of! Here is perfect opportunity to do that, which may actually get you even many votes from those who have suffered for years, so it is even politically winnable in an election year!
 

Yours Sincerely,

Comments
CA PRADEEP AGARWAL
1 decade ago
I do not know why no body is questioning the wisdom of Non Tax ability and the corruption going underneath, further, are the regulation authorities really doing their jobs as required, are inspections carried out truthfully. Cannot imagine the corruption going in Educational Institutes Especially Private Ones
Ashit Kothi
1 decade ago
Apart from Education, another area where rampant profittering could be taking place and that is Health Services / Hospitals.

One care needs to be taken ie. real Charitable Institutions are not penalised in the name of action being taken.
CA PRADEEP AGARWAL
Replied to Ashit Kothi comment 1 decade ago
Do agree why are then hospitals showing so much profit, can be anybody's guess.
Ashit Kothi
1 decade ago
YES IT IS HIGHTIME, we differentiate between genuine 'CHARITABEL' AND other Educational Institutions. Why can't an RTI be filed for information on All the educational institutions in Maharashtra and rest of the country with informaiton on what kind of benefit they have taken from Government and Government supported organisations and how much of benefit has been passed on to the needy people.

Wherever Politicians are there, there has to be profit.
CA PRADEEP AGARWAL
Replied to Ashit Kothi comment 1 decade ago
Who has the guts to speak against high and mighty, They have become unimaginably big, so no action is taken against them.
CA PRADEEP AGARWAL
Replied to Ashit Kothi comment 1 decade ago
agreed
Neela Govindaraj
1 decade ago
One has to call the bluff on these so called charitable institutions. They are most uncharitable, fleecing the poor.
CA PRADEEP AGARWAL
Replied to Neela Govindaraj comment 1 decade ago
To be frank Indian public is being taken for a ride by unscrupulous elements in Govt. and outside.
CA PRADEEP AGARWAL
Replied to Neela Govindaraj comment 1 decade ago
Actually they have become so powerful that it will be very difficult to dismantle and further these high society people are in unbelievable businesses. That is why you can high society parties in Delhi/Mumbai circuits.
CA PRADEEP AGARWAL
1 decade ago
I feel when these politicians are out of their jobs and enquiries conducted selflessly on their shortcomings with confiscating their and their relatives property and putting real fear in their hearts might discourage others from adopting wrong tactics
nagesh kini
Replied to CA PRADEEP AGARWAL comment 1 decade ago
The IT and CBI are hands off politics and lawyers. Have you heard of any raids on either or both?
CA PRADEEP AGARWAL
1 decade ago
But, what about the beasts roaming at the streets of our CAPITAL
Vijay Deshmukh
1 decade ago
The issue raised in the letter written to Finance minister by Prof. Anil ji Agashe holds true. But it is like a goat praying to tiger for its mercy. Most schools which are actually the business houses belong directly or indirectly to politicians.
Nilesh KAMERKAR
Replied to Vijay Deshmukh comment 1 decade ago
Beasts are better living beings, they won't prey until hungry . . .
CA PRADEEP AGARWAL
1 decade ago
But who will bell the cat, when 95% of these institutions enjoy political patronage, then who will speak against them. Mr Kejriwal too is silent now, do not know why? Somebody has to take initiative in these gol maals.
nagesh kini
Replied to CA PRADEEP AGARWAL comment 1 decade ago
We have submitted a Memorandum to the Parliamentary Committee on the DTC through CCIT Mumbai.
Kejriwal is a damp squib. He makes a big bang and fails to follow thru!
MK Gupta
Replied to nagesh kini comment 1 decade ago
Kejriwal's career profile needs auditing and independent probe. Why was he retained in Delhi and how all along? And his wife too?
In fact, there was another fighter IRS officer of low profile who worked in Delhi, Tamilnadu, Bihar etc who stood straight against corruption and was penalised hanmdsomely by being banished for life far away from his home! And this Kejriwal takes all benefits and mileage thsanks to the media!
CA PRADEEP AGARWAL
1 decade ago
Unless and until there are strict rules in place and without discretionary powers I feel this rot will only expand and genuine people imparting education will be deprived of the deserved advantages and put to loss viz a viz fictitious persons running the trust, can also see the plight of Tech people when there was a mushroom of in genuine institutions agree to Mr Nagesh Kini, somewhere they have to put a full stop to all this.
nagesh kini
1 decade ago
I completely agree with Mr.TD Sharma's observation on application of the tax laws to charitable causes.
Just like the case of the lone Swamiji-run hospital in Haldia, our GSB Scholarship League has been constantly funding for over 100 years the education of below poverty line girls and boys belonging to the Gowd Saraswat Brahman community purely on merit-cum-means. Donors to our efforts are denied tax deduction under Sec.80G under the Income Tax Act and even representations to the Parliamentary Committee on the DTC to rectify the aberration has been in vain.
Unfortunately we do not fall in the category of "person who do not know what juggling" as very rightly commented by CA Pradeep Agarwal.
There are trusts set up by other communities who enjoy 80G though they extend benefits exclusively to members of their own community by accepting applications merely for tax purposes and rejecting them on flimsy grounds - "juggling" as put by CA Agarwal.
It is time that such aberrations are rectified.
CA PRADEEP AGARWAL
1 decade ago
The persons do not know what juggling s go on there inspite of being non taxable.
CA PRADEEP AGARWAL
1 decade ago
At present it is one of the biggest business
TD Sharma
1 decade ago
In India, all entities claiming to be "charitable" are essentially uncharitable and fraudulently opened and run just for getting govt funds and obtaining Padma awards etc. In Tamilnadu and other Southern States, each and every politician runs a college, in many cases, several colleges. Same with hospitals. The huge corporate hospitals enjoy IT exemptions for getting donations being "charitable" but in fact these are prohibitively costly. Even a prestigious eye hospital in the South, claimed to be "charitable" is one of the costliest outfits in eyecare! Rather, in Bengal, there is a sannyasi, running a hospital near Haldia which is absolutely charitable. But no VVIP is connected with this and hence even successive state govts never bother to extend a helping hand to the Swamiji! The same is the state of affairs, again in West Bengal--the "people's state"--obtains in the case of Belur Sramajibi Hospital which is starving just for about Rs. 1.5 crores to start their Cathlab. No big donor cares as this would not give them publicity or glamour. The CPIM govt wanted to destroy the workers'initiative in running this cheap hospital, and sent its goons late in the night once who damaged the hospital causing serious harm to the in patients including those who had undergone surgeries. The present "popular"govt couldn't care less! And, the authorities demanded bribe for granting sec.35AC IT exemption--and refused it twice while the Serampur unit was started with small donations from common people.

No, not one VIP is connected with this either!
Merchant M S
1 decade ago
Sir,
You forget to mention so called 'charitable hospitals'.
Mahesh S Bhatt
1 decade ago
Sir Charitable Educational Institutes are mostly run by ouur great politicians.In 1980's Manipal Institute was one of the first ones in Karnataka which showed way.Than Vasantdada Patil,D.Y.Patil,MET etc are political outfits.The argument given is that if Indian spends lacs in Stanton & Wharton why not few lacs in India.Forget taxing but politicians are smart & hence Kapil Sibil has failed to open up education to foreign institutes as our good politicians want less competition.I am passionate Engineer/MBA training students at MBA colleges for pittance but it gives personal satisfaction.Mahesh Bhat
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