Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights September 2024 Year 2024 This

The case revolves around the cancellation of registration u/s ...


Trust's Charitable Status Reassessed: Tribunal Orders Fair Hearing After Improper Registration Denial Based on Single Clause.

September 5, 2024

Case Laws     Income Tax     AT

The case revolves around the cancellation of registration u/s 12AB and whether the trust's activities qualify as charitable or not. The Commissioner invoked Section 13(1)(b) to deny registration, citing that the trust deed's objects seem restricted to benefiting a particular religious community, the Jain community. However, the Tribunal observed that the Commissioner considered only one clause (F) and overlooked other clauses mentioning medical help to needy patients (G), educational, occupational, and medical aid (E), welfare activities for the general public's upliftment (D), etc. The Tribunal held that rejecting registration based solely on one clause is improper, as the trust's objects are not confined to benefiting only the Jain community. The matter was remanded to the Commissioner for fresh consideration after providing adequate opportunity of hearing to the assessee. The assessee's appeal was allowed for statistical purposes.

View Source

 


 

You may also like:

  1. The Appellate Tribunal reviewed the rejection of registration u/s 12AB due to alleged violation of section 13(1)(b) as trust's objects were not solely for "SUNNI MUSLIMS....

  2. ITAT determined that a registered charitable trust's income should be taxed at normal rates rather than maximum marginal rates, despite undefined trustee shares. While...

  3. Exemption u/s 11 - assessee is a Charitable Trust registered u/s. 12A - The Tribunal found that the trust, despite being primarily focused on its members, was engaged in...

  4. The Appellate Tribunal addressed the validity of a revision u/s 263, focusing on the alleged non-consideration of the assessee's submissions by the Principal...

  5. Bench Reconstitution and Order Pronouncement - Whether an order reserved by a bench could be pronounced by a reconstituted bench without considering a subsequent...

  6. The ITAT ruled in favor of the assessee trust operating a hospital, holding that income from its pharmacy operations qualifies for exemption under Section 11. The...

  7. This case deals with the tax liability u/s 115BBC(1) for anonymous donations received in the "Hundi" by a charitable and religious trust. The key points are: The...

  8. ITAT allowed registration under s.12A(1)(ac)(iii) to the Trust, overturning CIT(E)'s rejection. The Tribunal found that despite serving a specific community, the Trust's...

  9. The Appellate Tribunal considered whether the assessee, a trust registered u/s 12AA, qualified for exemption u/s 11 as a charitable entity. The AO argued the trust's...

  10. The HC quashed the order denying renewal of tax exemption u/s 80G to the petitioner-Trust. It held that the Trust's arrangement with doctors to use its premises for...

  11. The Appellate Tribunal addressed the denial of registration u/s 12AB to a Public Charitable Trust operating a Primary School for physically disabled children engaged in...

  12. The Income Tax Appellate Tribunal observed that the amendments made to the Trust deed were minor and did not affect the substance or spirit of the original deed. The...

  13. The case concerns denial of registration u/s. 80G(5)(iii) and the timeline for filing the application. The Tribunal noted the provision for provisional registration to...

  14. The Appellate Tribunal addressed the status of the assessee as a trust or AOP, focusing on the taxability of income in the hands of the Appellant Trust versus...

  15. Exemption u/s 11 - registration u/s 12A withdrawn - the donee trust will treat the donation as towards its corpus and can only utilise the accruing income from the...

 

Quick Updates:Latest Updates