Tax Audit

This query is : Resolved 

28 July 2010 the assessee is an educational institute having educational fees received above 40 lacs. will tax audit be applicable.
assessee is having no other income. a trust is running the educational institute

28 July 2010 basically this would be exempt from tax u/s 11 if the trust gets registered for income tax benefit

otherwise it would be liable for tax audit

28 July 2010 Fact of the case

Trust income more than 40 lakh

Provisions in Income tax

If a trust created for Charitable or religious purpose and eligible for exemption U/S 10(11), then no tax, no audit requirement u/s 44 AB...

Conclusion
Taxaility depends upon the purpose of the trust


28 July 2010 Tax audit u/s 44AB is not applicable for trusts.

However, if the income of trust (before claiming deduction u/s 11 & 12) exceeds amount not chargeable to tax for the previous year (i.e Rs. 1.6 lac), the trust should get it accounts audited u/s 12A(1)(b) and audit report should be furnished in Form 10B.



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