The trust was denied registration u/s 12A/12AB by the ...

Tax exemption for pre-1961 charitable trust upheld, matter remanded for re-examination.

Case Laws Income Tax

September 20, 2024

The trust was denied registration u/s 12A/12AB by the Commissioner of Income Tax (Exemptions) on the ground that it was established for the benefit of a particular community and not the general public, invoking Section 13(1)(b). The Appellate Tribunal held that Section 13(1)(b) is not applicable to charitable trusts created before the Income Tax Act, 1961 came into force. Since the assessee trust existed prior to the Act, the bar u/s 13(1)(b) does not apply, and its entire income is eligible for exemption u/s 11. The matter was remanded to the CIT(E) to reconsider the application on merits after examining the trust's activities and granting a reasonable opportunity of hearing to the assessee. The assessee was directed to be vigilant and comply with CIT(E)'s requirements.

View Source

← Previous Next →

The trust was denied registration u/s 12A/12AB by the ...

Tax exemption for pre-1961 charitable trust upheld, matter remanded for re-examination.

Case Laws Income Tax

September 20, 2024

You may also like:

Exemption from GST - activity of Afforestation, which includes the plantation of mangroves - The applicant activity of plantation of Mangrove are covered under...

The appellant Trust's application for registration u/s 12A was rejected by the Commissioner of Income Tax (Exemptions) on the grounds that its activities were not...

Exemption u/s 11 - Charitable activity u/s 2(15) - The Tribunal found that the assessee, a trust, was engaged in charitable activities under Section 11 of the Income Tax...

Registration u/s 80G(5)(vi) - charitable activities and utilization of funds - deduction from total income on donations to be made available to donors based on such...

Charitable activities or not - GST on the amounts received in the form of Donation / Grants from various entities including Central Government and State Government - the...

The CBDT has issued a circular which addresses conditions under which income from specific funds, trusts, institutions, universities, educational, or medical...

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...

Exemption u/s 11 - entitled to registration as Charitable Trust u/s 12AA read with Section 80G - the Income Tax Act, 1961 does not make any distinction with regard to...

Denial of exemption u/s 11 - Assessee is claimed to be a trust carrying on activities of providing swimming pool facilities for aquatic events and training and...

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...

Exemption from the levy of property tax - Charitable activity or not - There is to be a detailed verification as to whether the petitioner satisfies the requirement of...

Non-profit organization registered u/s 12AA of Income Tax Act, 1961 - alleged violation of Finance Act and Service Tax Rules - applicability of mega exemption...

The Finance Bill 2012 :Amendments in relation to exemptions under Income-tax Act 1961 - Article

Section 13(1)(b) is inapplicable to trusts created before 1961. The assessee trust was established in 1937, prior to the Income Tax Act, 1961. Despite being created for...

Exemption u/s 11 - On lifting the veil, it is clear as daylight that the modus operandi adopted by the Assessee Institutions and Trusts are with the twin objectives of...

Quick Updates: