EXEMPTIONS AND TAXATION TRUST & NGOs I-9
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1 Contents About the author I-5 Preface to tenth edition I-7 DIVISION ONE EXEMPTIONS AND TAXATION OF TRUST & NGOs CHAPTER 1 : IMPORTANT AMENDMENTS FOR TRUSTS IN RECENT YEARS 3 CHAPTER 2 : CHARITABLE PURPOSE - UNDERLYING FACTORS 19 CHAPTER 3 : RELIEF FOR POOR 42 CHAPTER 4 : EDUCATION 51 CHAPTER 5 : EDUCATION & ITS COMMERCIALISATION 85 CHAPTER 6 : MEDICAL RELIEF 126 CHAPTER 7 : YOGA AND ENVIRONMENT 130 CHAPTER 8 : ADVANCEMENT OF ANY OTHER GENERAL PUBLIC UTILITY 134 CHAPTER 9 : BUSINESS INCOME AND CHARITABLE PURPOSE 184 CHAPTER 10 : LEGAL HISTORY AND OTHER CASES ON BUSINESS ACTIVITY 232 CHAPTER 11 : IMPLICATIONS OF HAVING BUSINESS INCOME IN VIOLATION OF SECTION 2(15) 293 CHAPTER 12 : MICRO FINANCE AND MONEY LENDING ACTIVITY 297 CHAPTER 13 : REGISTRATION UNDER SECTION 12AA & PURPOSES HELD AS CHARITABLE 305 CHAPTER 14 : CANCELLATION & PURPOSES HELD AS NON- CHARITABLE 397 CHAPTER 15 : RELIGIOUS & CHARITABLE PURPOSE 431 CHAPTER 16 : TRUST PROPERTY & LEGAL OBLIGATION 461 I-9
2 CONTENTS I-10 CHAPTER 17 : AMENDING TRUST DEED 468 CHAPTER 18 : INTERNATIONAL ACTIVITIES OF NGOs OUTSIDE INDIA 476 CHAPTER 19 : EXEMPTIONS TO FOREIGN TRUST WORKING IN INDIA 493 CHAPTER 20 : MUTUAL SOCIETIES 497 CHAPTER 21 : INTERNATIONAL ACTIVITIES OF NGOs INSIDE INDIA 515 CHAPTER 22 : CHARITABLE ORGANISATIONS UNDER SECTION 10(23C) 519 CHAPTER 23 : CHARITABLE ORGANISATIONS U/S 10(23C) BELOW 1 CRORE INCOME 580 CHAPTER 24 : CHARITABLE ORGANISATIONS U/S 10(23C) FUNDED BY GOVERNMENT 589 CHAPTER 25 : ORGANISATIONS U/S 10(23C)(iv) & (v) FOR CHARITABLE AND/OR RELIGIOUS PURPOSES 596 CHAPTER 26 : ORGANISATIONS U/S 10(23C)(vi) & (via) FOR CHARITABLE AND/OR RELIGIOUS PURPOSES 603 CHAPTER 27 : SCOPE OF INCOME UNDER SECTION 11(1) 608 CHAPTER 28 : APPLICABILITY OF SECTIONS 60 TO CHAPTER 29 : EXEMPTED AND AGRICULTURAL INCOME 637 CHAPTER 30 : VOLUNTARY CONTRIBUTIONS AND OTHER INCOMES UNDER SECTION CHAPTER 31 : PROJECT GRANTS WHETHER INCOME 672 CHAPTER 32 : RECOGNITION & DISCLOSURE OF VARIOUS GRANTS 687 CHAPTER 33 : CORPUS DONATION 695 CHAPTER 34 : CORPUS DONATION TREATMENT AFTER FINANCE ACT, CHAPTER 35 : TAXABILITY OF CORPUS DONATION WITHOUT 12AA REGISTRATION 714 CHAPTER 36 : IMPORTANT FACTORS FOR DETERMINING INCOME UNDER SECTION 11(1) 718 CHAPTER 37 : CONDITION FOR EXEMPTION TO CHARITABLE ORGANISATION 723 CHAPTER 38 : EXEMPTED PARTIAL TRUST UNDER SECTION 11(1)(b) 748 CHAPTER 39 : TREATMENT OF CAPITAL GAINS 754 CHAPTER 40 : BUSINESS ACTIVITIES OF A CHARITABLE/ RELIGIOUS ORGANISATION 779 CHAPTER 41 : ANONYMOUS DONATIONS 819 CHAPTER 42 : APPLICATION OF INCOME - MEANING AND SCOPE 839
3 I-11 CONTENTS CHAPTER 43 : DEPRECIATION 882 CHAPTER 44 : INTER-CHARITY DONATIONS AND FACILITATING NGOs 897 CHAPTER 45 : DEEMED APPLICATION UNDER EXPLANATION 2 TO SECTION CHAPTER 46 : ACCUMULATION AND INVESTMENT OF INCOME 934 CHAPTER 47 : FORFEITURE UNDER SECTION 13 - AN OVERVIEW 987 CHAPTER 48 : FORFEITURE - INCOME APPLIED FOR PRIVATE RELIGIOUS PURPOSES 997 CHAPTER 49 : FORFEITURE - INCOME APPLIED FOR A PARTICULAR RELIGIOUS COMMUNITY OR CASTE 1001 CHAPTER 50 : FORFEITURE - BENEFIT TO INTERESTED PERSONS 1019 CHAPTER 51 : FORFEITURE - INVESTMENT OTHER THAN SPECIFIED MANNER 1059 CHAPTER 52 : TAXATION AS AOP IF EXEMPT STATUS IS LOST 1086 CHAPTER 53 : TAX ON ACCRETED INCOME 1095 CHAPTER 54 : HOW TO PREPARE STATEMENT OF INCOME AND ACCUMULATION 1106 CHAPTER 55 : ASSESSMENT AND THE POWER OF AO TO DENY EXEMPTIONS 1110 CHAPTER 56 : WEALTH TAX ISSUES 1116 CHAPTER 57 : METHOD OF ACCOUNTING & INCOME-TAX ACCOUNTING STANDARDS 1121 CHAPTER 58 : FILING OF RETURN AND AUDIT 1130 CHAPTER 58A : EXEMPTIONS SHALL BE WITHDRAWN IF INCOME TAX RETURN NOT FILED IN TIME 1152 CHAPTER 59 : PERMANENT ACCOUNT NUMBER (PAN) 1155 CHAPTER 60 : TAX DEDUCTION ACCOUNT NUMBER (TAN) 1166 CHAPTER 61 : TDS ON INCOME OF NGOs 1180 CHAPTER 62 : TREATMENT OF DONATIONS UNDER INCOME-TAX ACT 1200 CHAPTER 63 : PRIVILEGES TO DONORS UNDER SECTION 80G 1206 CHAPTER 64 : PRIVILEGES TO DONORS UNDER SECTIONS 35AC & 80GGA 1254
4 CONTENTS I-12 DIVISION TWO FCRA LAW CHAPTER 65 : FAQs - INTRODUCTION TO FCRA, CHAPTER 66 : INTRODUCTION TO FCRA 1312 CHAPTER 67 : SOME NOTEWORTHY STATISTICS ON FC 1316 CHAPTER 68 : OVERVIEW OF THE RECENT AMENDMENTS IN FCRA LAW 1329 CHAPTER 69 : APPLICABILITY OF FCRA 1338 CHAPTER 70 : WHAT IS FOREIGN CONTRIBUTION 1343 CHAPTER 71 : WHAT IS FOREIGN HOSPITALITY 1350 CHAPTER 72 : WHAT IS A FOREIGN SOURCE & FOREIGN COMPANY 1354 CHAPTER 73 : CHANGE IN FCRA TO EXCLUDE INDIAN COMPANIES WITH FOREIGN SHAREHOLDING IN EXCESS OF 50% 1359 CHAPTER 74 : WHO CANNOT RECEIVE FOREIGN CONTRIBUTION 1363 CHAPTER 75 : ORGANISATIONS OF POLITICAL NATURE 1367 CHAPTER 76 : AUDIO VISUAL BROADCAST & COMMUNITY RADIO 1374 CHAPTER 77 : WHO CAN RECEIVE FC AND PERMISSIBLE ACTIVITIES 1377 CHAPTER 78 : GIFT RECEIVED FROM RELATIVES & FOREIGN SOURCES 1381 CHAPTER 79 : PROCEDURE FOR OBTAINING REGISTRATION 1387 CHAPTER 80 : PROCEDURE FOR OBTAINING PRIOR PERMISSION 1392 CHAPTER 81 : COMMON GROUNDS FOR REJECTION OF APPLICA- TIONS FOR REGISTRATION & PRIOR PERMISSION 1399 CHAPTER 82 : AMENDED PROCEDURE FOR RENEWAL OF FCRA REGISTRATION 1402 CHAPTER 83 : SUSPENSION OF REGISTRATION CERTIFICATE 1411 CHAPTER 84 : CANCELLATION OF REGISTRATION CERTIFICATE 1414 CHAPTER 85 : WHO CAN OR CANNOT BE A BOARD MEMBER 1418 CHAPTER 86 : CHANGE IN MORE THAN 50% OF BOARD MEMBERS 1421 CHAPTER 87 : ADMINISTRATIVE EXPENSES & SPECULATIVE INVESTMENTS 1422 CHAPTER 88 : DESIGNATED AND MULTIPLE BANK ACCOUNTS 1427 CHAPTER 89 : PROCEDURE FOR CHANGE IN BANK ACCOUNT, ADDRESS & OBJECTS 1432
5 I-13 CONTENTS CHAPTER 90 : TRANSFER OF FUNDS TO OTHER FC REGISTERED ORGANISATIONS 1434 CHAPTER 91 : TRANSFER OF FUNDS TO OTHER UNREGISTERED ORGANISATIONS 1436 CHAPTER 92 : OTHER ASPECTS OF FCRA 1439 CHAPTER 93 : AUDIT AND ONLINE FILING OF ANNUAL RETURN UNDER FCRA 1444 CHAPTER 94 : OFFENCES AND PENALTIES UNDER FCRA 1453 CHAPTER 95 : COMPOUNDING OF OFFENCES 1458 DIVISION THREE LOKPAL & LOKAYUKTA ACT CHAPTER 96 : ANALYSIS OF LOKPAL & LOKAYUKTAS ACT, ANNEXURES Annexure 1 : Comparative statement on provisions of FCRA, 1976 and FCRA, Annexure 2 : Purpose-wise details of utilization of Foreign Contribution during Annexure 3 : Details of purpose-wise donations from donor countries 1495 Annexure 4 : Top Recipient Associations 1498 Annexure 5 : Details of Associations Reporting and Amount Received 1499 Annexure 6 : Top Recipient Districts 1501 Annexure 7 : Top Donor Agencies 1502 Annexure 8 : Donor country-wise details 1503 Annexure 9 : Notification regarding intimation of quarterly receipt of FC on Govt. website 1506 Annexure 10 : Circular on monthly grievance redressal meeting Annexure 11 : Circular on monthly grievance redressal meeting Annexure 12 : Circular on address for grievance redressal meeting 1509 Annexure 13 : Notification regarding extension of renewal date to 30th June Annexure 14 : Notification regarding extension of renewal date to 31st October
6 CONTENTS I-14 Annexure 15 : Notification regarding filing of annual return through online only 1512 Annexure 16 : New notification on penalty for delayed filing of return 1513 Annexure 17 Annexure 18 Annexure 19 Annexure 20 Annexure 21 : Notification regarding updation of bank accounts by 31st August : Notification by FCRA department on online submission under Lokpal 1517 : Notification by FCRA department on extension submission under Lokpal to 31st December, : Guidelines issued by the Central Government for proposals for acceptance of foreign hospitality 1526 : Notification with regard to foreign gifts dated 23rd June, Annexure 22 : Filled sample Form FC Annexure 23 : List of organisations not considered as foreign source 1536 Annexure 24 : List of Banned Terrorist Organisations under section 35 of Unlawful Activities (Prevention) Act, Annexure 25/26 : High Court judgment on political activities of NGO 1543 Annexure 27 Annexure 28 : High Court judgment on suspension of registration certificate 1552 : Policy Guidelines for setting up Community Radio Stations in India 1555 Annexure 29 : Meaning of Relative as defined under section 2(77) the Companies Act, Annexure 30 : Meaning of Relative as defined under section 2(41) read with section 6 of the Companies Act, Annexure 31 Annexure 32 Annexure 33 : Charter for Associations Applying for Grant of Prior Permission/Registration under the Foreign Contribution (Regulation) Act, : Charter for Associations who have been Granted Registration or prior Permission under FCRA, : Notification for extension of FC registration renewal date 1571 Annexure 34 : Filled sample of Form FC Annexure 35 Annexure 36 : Model format of minutes regarding change in bank account & resolution 1576 : Model format of minutes regarding change in address/ location & resolution 1578
7 I-15 CONTENTS Annexure 37 : Model format of undertaking to be taken from FC registered organisation 1580 Annexure 38 : Filled sample of Form FC Annexure 39 : Notification regarding marking on letters and envelops 1583 Annexure 40 : Filled sample of Form FC Annexure 41 : Notification regarding extention of date for filing of annual return 1588 Annexure 42 : Notification regarding penalty for delayed filing of annual return 1589 Annexure 43 : Notification regarding investigating authority and agencies 1590 Annexure 44 : Notification regarding sanctioning authority under section Annexure 45 : Notification regarding compounding of offences 1592 Annexure 46 : Notification No dt Annexure 47 : Notification No dt Annexure 48 : Notification No dt Annexure 49 : Notification dt Annexure 50 : The Lokpal and Lokayuktas (Amendment) Bill, Annexure 51 : New date for filing of LLA, 2013 returns under FCRA 1603 Annexure 52 : Definition of Public Servant under the section 14 of the LLA 2013 & jurisdiction in respect of inquiry 1604 Annexure 53 : Definition of public duty & public servant under the Prevention of Corruption Act, Annexure 54 : Notification regarding last date of filing of returns 1608 Annexure 55 : The Annual return and the forms 1610 Annexure 56 : Charter for the chartered accountants 1617 Annexure 57 : Circular regarding submission of return in hardcopy only 1618 Annexure 58 : Circular regarding refiling of application of those organisation which are deemed to be ceased w.e.f Annexure 59 : Reminder notice for refiling of application of those organisation which are deemed to be ceased w.e.f
8 CONTENTS I-16 APPENDICES Appendix 1 : Foreign Contribution (Regulation) Act, Appendix 2 : Foreign Contribution (Regulation) Rules, Appendix 3 : Societies Registration Act, Appendix 4 : Indian Trusts Act,
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