Question ID 13781 |
section 44 AB is applicable to 12-A Charitable Trust
is a charitable trust(run a school)having 12-A registration ,require to be get audited Us 44AB his account, if his gross receipts exceeds 40 lacs. it is to be noted that Audit report is to be given uS 12A (b) in form 10B as prescribed. what will be your opinion ,if charitable trust is also doing business with low margin. |
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Posted by CA Kishore Bardia on 2/1/2011 12:00:00 AM
filed under DIRECT TAXES
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Answer ID 29828 |
Member's Comment |
No need to audit the accounts under section 44AB. Pl read the article in https:www.hindu.combiz20101004stories2010100450041200.htm |
Posted by B.CHACKRAPANI WARRIER on 2/2/2011 12:00:00 AM |
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Answer ID 29829 |
Member's Comment |
Audit of Charitable Trust is seperately governed by Section 12A,wherein it stipulates a mandatory Audit by a Chartered Accountant,only when Trusts income exceeds the minimum Income Tax exemption slab.44AB will not be applicable in case of trusts. If the TRUST is also doing a business , the provisions of 44AB will be made applicable only if gross receipts from such business exceeds 40 Lacs. |
Posted by CA.Pratik Niyogi on 2/2/2011 12:00:00 AM |
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Answer ID 29830 |
Member's Comment |
Audit of Trusts is governed by Section 12A(b),which states that an audit is mandatory if the total income of the trusts exceeds the minimum exemption limit.Provisions of 44AB are not applicable to trusts.However,if the charitable trust is also doing business,then for such business provisions of 44AB will be applicable. |
Posted by CA.Pratik Niyogi on 2/2/2011 12:00:00 AM |
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Answer ID 29834 |
Member's Comment |
Form 3CD is required alongwith form 10B.Us 44AB , it is provided that in a case where such person is required by or under any other law to get his accounts audited, it shall be sufficient compliance with the provision of this section.... and a further report(by accountant) in the form prescribed under this section. |
Posted by VIJAY GUPTA on 2/2/2011 12:00:00 AM |
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Answer ID 29850 |
Member's Comment |
There is a dilemma as to whether the tax audit us 44AB is applicable to the Charitable Trust whose gross receipts exceed the prescribed limits. Strictly speaking, sec. 44AB is an aid to the department in the context computing income under the head business . Therefore, sec. 44AB should apply only if the Trust has income chargeable under the business head. The other view is that the section will apply if a trust carries on a business irrespective of the fact that the income therefrom may continue to enjoy exemption. The publication of the ICAI "Issues on tax audit" seems to support the latter view. It however needs to be pointed out that the provision may apply only if the test of carrying on a "business" is satisfied. An activity which incidentally results in a surplus will not make it a business. Courtesy: VIP Road Chartered Accountants Association. |
Posted by S Subramanian on 2/2/2011 12:00:00 AM |
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Answer ID 29854 |
Member's Comment |
44AB is applicable for business only. since the trust does not carry the business activities, it need not be audited us 44AB. Pl. note that If it carries on business, then exemption will be withdrawn. |
Posted by CA.S. NANDAKUMAR on 2/2/2011 12:00:00 AM |
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Answer ID 29859 |
Member's Comment |
yes. as the income is computed considering all expenses, depreciation etc.. when the gross collection exceeds the limit 44AB audit is to be done |
Posted by CA. VENKITARAMAN K V on 2/3/2011 12:00:00 AM |
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Answer ID 29873 |
Member's Comment |
All the aspects of the question is very well covered by the forum.. |
Posted by CA. Pawan Kumar Jain on 2/3/2011 12:00:00 AM |
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Answer ID 29897 |
Member's Comment |
Income of the trust is not computed on the basis of the heads of income applicable to other entities. Hence section 44AB is not applicable. |
Posted by SIVADAS CHETTOOR on 2/4/2011 12:00:00 AM |
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