Contents at a Glance

 

 

BOOK 1 : CHARITABLE TRUSTS & INSTITUTIONS

 

Section 1A : About Trust

1.

Forms of Charitable Trusts or Institutions

2.

Trust as Medium for Charitable Activity

3.

Public Charitable Trusts

4.

Religious Trusts

5.

Income Tax Provisions Governing Charitable Trusts and Institutions

 

Section 1B : Constitution of Trust Through Deed

6.

Constitution of Charitable Entity Via Trust Deed Governing Principles

7.

Objects in Charitable Trust Deed Necessary Specification Thereof

8.

How to Prepare Charitable Trust Deed Also Sample Deeds

 

Section 1C : Charitable Purpose As Defined Under Income Tax Law

9.

Definition of Charitable Purpose in Section 2(15)

10.

Relief to Poor, Education and Medical Relief Constituting Charitable Purpose

11.

Preservation of Environment, Monuments, Etc. as Charitable Purpose

12.

Any Other Object of General Public Utility in Section 2(15)

13.

Instances of General Public Utility Held to be Charitable Purpose or Otherwise

 

Section 1D : Income Exemption Available to Charitable Trusts & Institutions

14.

Exemption to Charitable Trusts under Section 11

15.

Property Held under Trust in Section 11

16.

Property Held under Legal Obligation Vis-a-Vis Section 11 r/w Explanation 1 to Section 13

17.

Application of Income Condition Precedent As to Section 11 Exemption

18.

Circumstances Where Exemption Available in Spite of Application Falling Below Eighty Five Percent of Income [Explanation 2 to Section 11(1)]

19.

Permissible Accumulated or Set Apart Income Principles Regarding [Section 11(1)(a)]

20.

Capital Gains of Charitable Trusts or Institutions Computation and Tax Treatment [Section 11(1A)]

21.

Setting Apart or Accumulation of Income in Excess of 15% under Section 11(2)

22.

Accumulation of Income under Section 11(2) Procedural Aspects

23.

Inter Trust Donations Treatment for Income Exemption

24.

Compliances Specific Failure Consequences [Sections 11(1B), 11(3) & 11(3A)]

25.

Business Income of Charitable Trusts & Institutions Tax Treatment [Sections 11(4) and 11(4A)]

26.

Statutorily Prescribed Modes of Investment by Trusts & Institutions [Section 11(5)]

 

Section 1E : Income of Charitable Trust or Institution Scope and Ambit

27.

Income of Charitable Trust Scope and Computation

28.

Treatment of Depreciation in the Hands of Charitable Trusts/ Institutions

29.

Income of Trust or Institutions from Voluntary Contributions [Section 12]

30.

Exemptibility of Corpus Donations [Sections 11(1)(d) and 12]

31.

Income Via Anonymous Donations Tax Treatment

 

Section 1F : Registration and Audit The Conditions Precedent for Income Exemptions

32.

Registration of Charitable Trust or Institution [Section 12A(a)/(aa)]

33.

Procedure for Grant of Registration to Charitable Trust/Institution [Section 12AA]

34.

Cancellation of Registration of Charitable Trusts Circumstances as to

35.

Audit of Charitable Trust or Institution [Section 12A(b)]

 

Section 1G : Forfeiture of Exemption to Charitable Trusts Law and Circumstances As to

36.

Forfeiture of Exemption Overview of Section 13

37.

Bar in Respect of Trust for Benefit of Specific Religious Community [Section 13(1)(b)]

38.

Benefit to Interested Persons Causing Bar to Exemption [Section 13(1)(c)]

39.

Investment of Trust Funds in Other than Specified Media as Barring Exemption [Section 13(1)(d)]

40.

Bar Due to Deemed User of Trusts Income by Interested Persons [Section 13(2)]

41.

Interested Persons in Section 13(1)(c) Identification and Issues, Regarding [Section 13(3)]

 

Section 1H : Taxation of Charitable Trusts or Institutions

42.

Determination of Status of Trust As a Tax Entity

43.

Income Taxation of Charitable Trusts or Institutions [Section 164(2) and (3)]

44.

Filing of Income Tax Return by Charitable Trust/Institution [Section 139(4A)]

45.

Common Areas of Enquiry by Department While Handling Assessment of Charitable Trusts/Institutions

 

Section 1-I : Trusts, Funds, Institutions Claiming Exemption under Section 10(23C)(iv)/(v)

46.

Income of Specified Institutions, Funds, Trust, Etc. for Charitable Purposes Exempt under Section 10(23C)(iv)/(v)

 

BOOK 2 : NON-PROFIT EDUCATIONAL & MEDICAL INSTITUTIONS

 

Section 2A : Eligibility for Income Exemption

47.

Education as Charitable Purpose and Scope of Education in the Context

48.

Medical Relief as Charitable Purpose

49.

Educational Institutions Eligible for Section 10(23C) Exemption

50.

Eligibility of Entities Merely Financing Educational or Medical Institution for Exemption

 

Section 2B : Exemption Available to Educational & Medical Institutions

51.

Exemptions in Regard to Educational Institutions, Hospitals and Other Philanthropic Institutions

52.

Availing of Exemption by Educational Institutions

53.

Conditions for Availing of Exemption by Hospitals and Medical Institutions

54.

Overview of Provisos to Section 10(23C) Vis-a-Vis Exemption to Educational & Medical Institutions

55.

Requirements as to Application or Accumulation of Income by Educational and Medical Institution

56.

Business Income of Educational or Medical Institutions

57.

Procedural Aspects Vis-a-Vis Claim of Exemption by Institutions

 

Section 2C : Taxation and Audit of Charitable, Educational & Medical Institutions

58.

Taxation of Voluntary Contributions Received by Educational or Medical Institution

59.

Capitation Fee Received by Educational & Medical Institutions

60.

Tax Treatment of Anonymous Donations Received by Educational or Medical Institutions

61.

Audit of Educational and Medical Institutions

62.

Filing of Return by Educational and Medical Institutions Claiming Exemption under Section 10(23C)

63.

Investigation and Verification by Department in Case of Educational Institutions

 

Section 2D : Conveyancing Aspects

64.

Conveyancing Solutions

65.

Sample Draft Deed of Trust for Charitable Dispensary or Hospital

66.

Sample Draft Deeds of Charitable Educational Trust

 

BOOK 3 : FOR PROFIT EDUCATIONAL & MEDICAL INSTITUTIONS

 

SECTION 3A : GENERAL

67.

Preferred Entities for Commercially Run Hospitals and Educational Institutions

68.

Computation of Profits and Gains of Educational & Medical Institutions

 

Section 3B : Allowable Deductions & Disallowances

69.

Depreciation Allowance Available to Commercially Run Educational & Medical Institutions

70.

Deduction Relating to Expenditure on Scientific Research

71.

Allowability of Particular Expenditures Incurred by Educational & Medical Institutions

72.

Allowability of General Expenditure under Section 37(1)

73.

Disallowance of Certain Expenses While Computing Business Income of Educational and Medical Institutions

 

Section 3C : Incentives Available to Educational and Medical Institutions

74.

Investment Linked Incentive Available under Section 35AD to Certain New Hospitals

75.

Company Engaged in Business of Bio-Technology or in Business of Manufacture of Drugs, Etc. Eligible for Weighted Deduction under Section 35(2AB)

76.

Deduction under Section 80-IB(11B) to Hospitals Operated and Maintained in Rural Areas

77.

Deduction under Section 80-IB(11C) to Hospitals Operated and Maintained in Non-Metro Cities

78.

Deduction Under Section 80-IE to Nursing Homes and Certain Institutions in North Eartern States

 

Section 3D : Requirement As to Books of Accounts & Audit

79.

Requirements Regarding Maintenance of Books of Accounts

80.

Method of Accounting for Income Tax Purposes

81.

Audit Requirements

 

BOOK 4 : TAX BENEFITS TO DONORS

82.

Donation to Charitable Entities and Deduction under Section 80G

83.

Donation for Scientific Research Eligible for Deduction under Section 80GGA

84.

Payment by Institution to National Laboratories, Universities and Indian Institutes of Technology Eligible for Weighted Deduction under Section 35(2AA)

85.

Contribution to Eligible Project Entitled to Deduction under Section 35AC

86.

Payment to Associations and Institutions for Carrying Out Rural Development Programmes Eligible for Deduction under Sec. 35CCA

 

BOOK 5 : ACCOUNTING BY TRUSTS AND INSTITUTIONS

87.

Applicability of Accounting Standards to Trusts and Institutions

88.

Revenue Recognition by Trusts and Institutions [AS-9]

89.

Accounting of Government Grants by Trusts and Institutions [AS-12]

90.

Requirements as Per Other Important Accounting Standards

91.

Preparation of Annual Accounts by Trusts or Institutions

92.

Guidance Notes As to Accounting in Case of Schools

93.

Guidance Notes As to Accounting for Hospitals

 

BOOK 6 : APPLICABILITY OF MUTUALITY PRINCIPLE AND PRACTICE SPECIFIC ISSUES VIS-A-VIS TRUSTS AND INSTUTITIONS

94.

Applicability of Mutuality Principle to Trusts or Institutes

95.

Application for PAN

96.

Obligations Regarding TDS

97.

Effect of Foreign Contribution Regulation Act (FCRA)

 

BOOK 7 : OVER ALL SERVICE TAX PERSPECTIVE

98.

Service Tax Basics

99.

Service-tax on Educational Institutions

100.

Service-tax on Cosmetic or Plastic Surgical Service

101.

Health Care Service

102.

Charitable or Religious Activity