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1 - 10 of 14 (3.36 seconds)Section 80G in The Income Tax Act, 1961 [Entire Act]
Section 12A in The Income Tax Act, 1961 [Entire Act]
Section 11 in The Income Tax Act, 1961 [Entire Act]
The Bombay Public Trusts Act, 1950
Commissioner Of Income Tax vs Red Rose School on 7 February, 2007
On the basis of the aforesaid decision of the Tribunal, which has been rendered
after considering the judgments of the Hon'ble Karnataka High Court in the case
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of Sanjevamma Hanumanthe Gowda Charitable Trust (supra) and that of the
Allahabad High Court in the case of CIT v Red Rose School 163 Taxmann 19
(All.), it is quite clear that the objection raised by the Commissioner with regard
to the receipt of capitation fee/donations are factors to be considered at the time
of assessments while examining the eligibility of the assessee trust for the benefit
of section 11 & 12 and the same do not come into play in the course of the
examination by the Commissioner for the purposes of grant of registration under
section 12AA of the Act.
Section 12 in The Income Tax Act, 1961 [Entire Act]
Section 153C in The Income Tax Act, 1961 [Entire Act]
Sanjeevamma Hanumanthe Gowda ... vs Director Of Income-Tax (Exemptions) on 2 August, 2005
49. The Karnataka High Court in the case of Sanjeevamma Hanumanthe Gowda
Charitable Trust Vs. Director of Income Tax (Exemption) [285 ITR 327] has considered
that in matters of registration and exemption of Charitable Institutions, the satisfaction of
the Commissioner should be regarding the application of the income of the trust for the
specified purposes, which only entitles the assessee to claim exemption. The Court
observed that for arriving at such satisfaction primarily he has to look at the object of the
trust, when the same is reduced into writing in the form of trust deed. If on the date of the
application the trust has received income from its property, then find out how the said
income has been expended, and whether it can be said that the income is utilized
towards charitable and religious purposes. Therefore, for the purposes of registration u/s.
12AA of the Act, what the authorities have to satisfy is the genuineness of the activities of
the trust or institution and how the income derived from the trust property is applied to
charitable or religious purposes and not the nature of the activity by which the income
was derived to the trust.