Formation, Management & Taxation of Charitable & Religious Trusts & Institutions

by Ram Dutt Sharma

Formation, Management & Taxation of Charitable & Religious Trusts & Institutions

by Ram Dutt Sharma

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CONTENTS

About the Author

Ram Dutt Sharma

Ram Dutt Sharma was born on 27th June, 1958 in Narnaul, Haryana. He got his post-graduation from M.D. University, Rohtak in 1980. He joined the Income-tax Department in the year 1983 and retired as Income Tax Officer on 30.06.2018. He worked at various stations of North-West Region of Income-tax Department. He has wide experience of all wings of Income-tax Department such as Assessment Unit, Special Range, TDS Wing, Investigation Wing, etc. He has been Contributing articles and addressing on topics relating to Income Tax at NADT Regional Campus, Chandigarh & Bhopal. He has also addressed number of seminars organized by the Income-tax Department, Chartered Accountants, Advocates and various Trade Associations.

He is recipient of first-ever Finance Minister's Award 2017, the Income Tax Departments highest honour for sustained devotion, commitment to duty & promoting excellence in the field of Direct Taxation at National Level. The Hon'ble Union Finance Minister, Shri ArunJaitley conferred this Finance Ministers Award for Excellence for his meritorious services at VigyanBhawan, New Delhi on 24.07.2017.

Awarded by Hon'ble Member (Revenue& TPS), CBT, Special Secretary to the Government of India Certificate of Appreciation for his contribution recognized and included in the chapter Miscellaneous Orders in Let Us Share  A compilation of Best Practices & Orders Vol. VIII released on 31stOctober, 2016.

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Formation, Management & Taxation of Charitable & Religious Trusts & Institutions
Pages: 1256
Language: Hindi
ISBN: 9789356038981
1895 Price : ₹ 2795
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Chapter 1: Introduction
Chapter 2: Public Institutions Exempt from Tax
Chapter 3: Non-Governmental Organisation (NGO)
Chapter 4: Laws Governing Trusts/Institutions in India
Chapter 5: Trust
Chapter 6: Trust Created by Book Entries 57
Chapter 7: Public Trust
Chapter 9: Private Trust
Chapter 10: Family Trusts
Chapter 11: Religious Trust
Chapter 12: Society
Chapter 13: Private Limited Non-Profit Company
Chapter 14: Wakf (Charitable Trust)
Chapter 15: Business Trust
Chapter 16: Electoral Trust
Chapter 17: Unregistered Trust
Chapter 18: Trust Deed for Trust/Institutions
Chapter 19: Types of Registration of a Charitable & Religious Trust
Chapter 20: Source of Income of a Trust
Chapter 21: Foreign Contribution
Chapter 22: Rental Income of Trusts/Institutions
Chapter 23: Agricultural Income of Trust
Chapter 24: Charitable Purpose
Chapter 25: Charitable Objects - ‘Relief of the Poor’ 294
Chapter 26: Charitable Objects - ‘Education’ 305
Chapter 27: Charitable Objects - ‘Yoga’ 326
Chapter 28: Charitable Objects - ‘Medical Relief’
Chapter 29: Charitable Objects - ‘Prevention of the Environment (Including Watersheds, Forests and Wildlife)’ 336
Chapter 30: Charitable Objects - ‘Preservation of Monuments or Places or Objects of Artistic or Historic Interest’ 343
Chapter 31: Charitable Objects - ‘Advancement of any Other Object of General Public Utility’ 345
Chapter 32: Income Includes Voluntary Contributions Received by a Trust 377
Chapter 33: Educational and Medical Institutions 381
Chapter 34: Universities or Other Educational Institutions 385
Chapter 35: Hospitals or Other Medical Institutions
Chapter 36: Exemption of Income of any University or Other Educational Institution Substantially Financed by Government 412
Chapter 37: Exemption of Income of any Hospital or Other Institution Wholly or Substantially Financed by Government 418
Chapter 38: Exemption for the Income Received by any University or Other Educational Institution if the Aggregate Annual Receipts do not Exceed Five Crore Rupees 422
Chapter 39: Exemption for the Income Received by any Hospital or Hospitals or Institution or Institutions if Annual Receipts do not Exceed Five Crore Rupees
Chapter 40: Approved Fund or Institution Established for Charitable Purposes 432
Chapter 41: Trust (Including Legal Obligation) or Institution only for Public Religious Purposes or Wholly for Public Religious and Charitable Purposes 438
Chapter 42: Any University or Other Educational Institution Approved by the Principal Commissioner or Commissioner
Chapter 43: Exemption for the Income Received by any Hospital or Other Institution do not Exceed Five Crore Rupees 464
Chapter 44: Application for Approval of Educational Institution or any University or any Hospital or Other Medical Institution to be Made in Prescribed Form
Chapter 45: Pass an Order in Writing Granting it Approval for a Period of Five Years 474
Chapter 46: Application of Income and Investment of Funds
Chapter 47: Exemption not to be Denied in Certain Circumstances 489
Chapter 48: Investment of Funds 490/td>
Chapter 49: Contribution in Kind 491
Chapter 50: Business Income of any University or Other Educational Institution or any Hospital or Other Medical Institution shall be Chargeable to Tax, Unless the Business is Incidental to the Attainment of its Objects and Separate Books of Accounts are Maintained by it in Respect of Such Business
Chapter 51: Any Approval Granted under the Second Proviso shall Apply in Relation to the Income of the Fund or Trust or Institution or University or Other Educational Institution or Hospital or Other Medical Institution
Chapter 52: Order under Clause (i), Sub-Clause (b) of Clause (ii) and Clause (iii) of the Second Proviso shall be Passed, in Such Form and Manner as may be Prescribed, before Expiry of Period of Three Months, Six Months and One Month Respectively, Calculated from the End of the Month in which the Application was Received
Chapter 53: Trust or Institution or University or Other Educational Institution or Hospital or Other Medical Institution shall Keep and Maintain Books of Account and Other Documents Get its Accounts Audited
Chapter 54: Taxability of Donations Received for but not Applied, to Earthquake Relief in Gujarat 502
Chapter 55: Restriction on Exemption in Case of Corpus Donation by Exempt Entities to Other Exempt Entities
Chapter 56: Applicability of TDS Provisions & Restrictions on Cash Payments - Expenditure Incurred Without Deduction of Tax and in Cash will not be Eligible as Application of Income Under Section 10(23C) 506
Chapter 57: Not be Treated as Application of Income to the Objects for which Such Fund or Trust or Institution or University or Educational Institution or Hospital or Other Medical Institution 509
Chapter 58: Non-Fulfilment of the Conditions Laid Down under Section 10(23C) and Withdrawal of Approval Granted to University or Educational Institution under Section 10(23C)(vi) or any Hospital or Other Medical Institution Referred to in Section 10(23C)(via) 510
Chapter 59: Any Anonymous Donation Referred to in Section 115BBC on which Tax is Payable in Accordance with the Provisions of the Said Section shall be Included in the Total Income 514
Chapter 60: All Applications Made under the Existing First Proviso, Pending before the Principal Commissioner or Commissioner, on which no Order has been Passed, shall be Deemed to be an Application Made under Clause (iv) of the First Proviso on that Date 515
Chapter 61: Eighteenth Proviso to Clause (23C) of Section 10 516
Chapter 62: All Applications Made under the Existing First Proviso,Pending before the Principal Commissioner or Commissioner, on which no Order has been Passed, shall be Deemed to be an Application Made under Clause (iv) of the First Proviso on that Date 517
Chapter 63: Fund or Institution or Trust or any University or Other Educational Institution or any Hospital or Other Medical Institution shall Furnish the Return of Income in Accordance with the Provisions of Section 139(4C)
Chapter 64: Unreasonable Benefit to Specified Persons 522
Chapter 65: Any Fund or Trust or Institution or University or Other Educational Institution or Hospital or Other Medical Institution Violates the Conditions Specified under the Tenth or Twentieth Proviso, or where the Provisions of the Eighteenth Proviso are Applicable 523
Chapter 66: For the Purposes of Computing Income Chargeable to Tax under Twenty-Second Proviso, no Deduction in Respect of any Expenditure or Allowance or Set-Off of any Loss shall be Allowed to the Assessee under any Other Provision
Chapter 67: Essential Conditions for Exemptions under Section 11
Chapter 68: Trust Eligible for Exemption under Section 11
Chapter 69: Income from Property held under Trust for Charitable and Religious Purposes
Chapter 70: Trust Created wholly for Charitable or Religious Purposes and Applying (or Accumulating) their Income to Such Purposes, in India
Chapter 71: Income from Property held under Trust which is Applied in Part Only for Charitable or Religious Purposes
Chapter 72: Income from Property held under Trust which is Applied for Charitable Purposes Outside India
Chapter 73: Voluntary Contribution Forming Part of Corpus
Chapter 74: For the Purpose of Determining the Amount of Application of Income under Clause (a) or Clause (b) to Section 11(1)
Chapter 75: Capital Gains Deemed to be Applied for Charitable/Religious Purposes
Chapter 76: Consequences if the Income is not Actually Applied within the Prescribed Period after Exercising the Option
Chapter 77: Accumulation of Income in Excess of 15% of the Income Earned
Chapter 78: Understanding of Form No. 9A and Form No. 10
Chapter 79: Withdrawal of Exemption Granted to Income Accumulated under Section 11(2)
Chapter 80: Circumstances where the Accumulated Income in Excess of 15% can be Utilised for a Purpose other than that for which it was Accumulated 676
Chapter 81: Income from a Business Carried on by the Trust
Chapter 82: Profits and Gains from Incidental Business
Chapter 83: Modes of Investment or Deposits by a Charitable or Religious Trust or Institution
Chapter 84: For the Purpose of Accumulation or Setting Apart of Income for Application, Depreciation on Assets, the Acquisition of which has been Claimed as Application shall not be Allowed
Chapter 85: Assessee can either Obtain Registration under Section 12AB or Obtain Approval under Section 10(23C), but he cannot Adopt both
Chapter 86: Voluntary Contributions (Donation) not Forming Part of Corpus of the Trust or Institution Treated as Income
Chapter 87: Value of Medical/Educational Services Provided to Specified Persons by Trust Running Hospitals and Educational Institution - Exemption under Section 11 shall not be Available for Services Provided to Specified Persons
Chapter 88: Conditions for Applicability of Sections 11 and 12
Chapter 89: No Benefit of Exemption for Past Years
Chapter 90: Section 12AA – Procedure for Registration
Chapter 91: Cancellation of Registration of the Trust or Institution
Chapter 92: Procedure of Registration of a Trust/Institution
Chapter 93: Cancellation of Registration or Provisional Registration of a Trust or an Institution under Certain Circumstances
Chapter 94: Merger of Trusts under First Regime with Second Regime
Chapter 95: Forfeiture of Exemption to Trust and Institutions
Chapter 96: Income for the Benefit of a Person Specified in Section 13(3)
Chapter 97: Meaning of Specified Persons(as Referred to in Clause (c) of Sub-section (1) and Sub-section (2) of Section 13
Chapter 98:: Exemption shall not be Denied if the Investment of the Trust or Institution, in a Concern, in which the Specified Person has a Substantial Interest 902
Chapter 99: Exemption under Sections 11 and 12 shall not be denied if Debentures purchased after 28.02.1983 but before 25.07.1991 do not continue to remain invested beyond 31.03.1992 904
Chapter 100: Charitable Trusts do not Lose Exemption if Educational or Medical Facilities Provided to Specified Persons
Chapter 101: Anonymous Donation Specified in Section 115BBC not Exempt 906
Chapter 102: When Commercial Receipts Exceed the Specified Threshold 907
Chapter 103: In Case Return is not Filed by Prescribed Date then Benefit of Accumulation under Section 11(2) will not be Available
Chapter 104: Allowing Certain Expenditure Incurred for its Objects,Subject to Certain Conditions in Case of Denial of Exemption
Chapter 105: No Deduction in Respect of any Expenditure or Allowance or Set-Off of any Loss shall be Allowed to the Assessee under any Other Provision 914
Chapter 106: Procedure for Registration for Exemption Certificate under Section 80G
Chapter 107: Requirement to File Statement of Donation and Issuance of Certificate to Donor
Chapter 108: Anonymous Donations to be Taxed in Certain Cases
Chapter 109: Specified Income of Certain Institutions 981
Chapter 110: Special Provisions Relating to Tax on Accreted Income of Certain Trusts and Institutions
Chapter 111: Furnishing of Return of Income by Trust/Institution
Chapter 112: Application of Income
Chapter 113: Inter-Charity Donations
Chapter 114: Not Allowed as Application of Income 1060
Chapter 115: Tax Deducted at Source (TDS) Obligations of Trust/Institutions
Chapter 116: Penalties in Trust/Institution Cases
Chapter 117: Maintenance of Books of Accounts by the Trust or Institutions
Chapter 118: Audit of Accounts of Trusts/Institutions & Audit Report
Chapter 119: Audit Report : Form 10B and Form 10BB for Charitable Trusts/Institutions
Chapter 120: Extinguishment/Revocation of Trust
Chapter 121: Liability in Special Cases
Chapter 122: Trusts/Institutions : Rate of Tax
Chapter 123: Computation of Income of Trust/Institution
Chapter 124: Income Tax Assessment of Charitable or Religious Trust or Institution
Chapter 125:Chapter 125: Limitation/Compliance Period in Respect of Various Procedures, Applications, etc., for Trust or Institution 1163
Chapter 126: Meaning of Important Terms 1173
Chapter 127: Important Forms 1177