Filing of Income Tax Return under Income Tax Act 1961

The Income-tax Returns in most cases have to be filed by 31st July, 2014. However, for the Corporate Sector as well as for persons who are having the requirement of tax audit the last date of filing Income-tax Return happens to be 30th September 2014. Rule 12 is concerned with filling of income tax returns. The Central Board of Direct Taxes has amended certain provisions of the Income-tax Rules concerning filing of the Income-tax Return.

The tax payers in particular who are having income in excess of Rs. 5 lakhs for the Assessment Year 2014-15 in particular to carefully understand the new provisions relating to filing of the Income-tax Return Form whereby it has been now compulsory for them to file their Income-tax Return electronically. Likewise persons who are having tax audit should also not forget to submit the audit report with the Income-tax Return electronically. The Income tax Return forms which are required to be filled in for the AY 2014-15 are basically almost at par with the Income-tax Return Form as was being used in the previous years. All assets abroad and all incomes abroad are required to be mentioned in the Income-tax Return.

It may be noted that the impact of amendments in Rule 12 of the Income-tax Act would now mean that if an individual is having exempted income in excess of Rs. 5,000, in that situation such individual will not be able to file the Income-tax Return SAHAJ (ITR 1). For example let us say a salaried employee has got income from salary income and some bank interest income. But if he has got dividend income of Rs. 10,000, in that situation he will not be able to file the Income-tax Return in Form SAHAJ (ITR1) because the new amendment specifically mentions that the Return Form SAHAJ cannot be used by an individual having income not chargeable to tax exceeding Rs. 5,000. Such persons have to file the Return in Form No. 2. Similarly an individual or a Hindu Undivided Family carrying on business having turnover less than Rs. 1 crore and normally required to file the Return in Form SUGAM (ITR4S) will not be able to file the Return in the said SUGAM Form for the AY 2013-14 if he were to have exempted income say like dividend, interest income or income from Mutual Fund or income from Tax Free Bond exceeding the sum of Rs. 5,000. Hence, all individuals and Hindu Undivided Families in particular carrying on business and computing income on presumptive basis and also having income not chargeable to tax exceeding the sum of Rs. 5,000, cannot use the Income-tax Return Form SUGAM and will, therefore, be required to file the Return in Form No. 4. Persons filing ITR 3 & ITR 4 and having income in excess of Rs. 25 lakhs should carefully fill up “Schedule AL” to give details of assets & liabilities.

Please take care of the above mentioned important new amendments to the Income-tax Rules relating to filing of Income-tax Return and thereafter file your Income-tax Return correctly in the correct applicable form depending upon your facts and circumstances and also do not forget to file the Income-tax Return in the specific mode which is required in terms of the provisions contained in the Income-tax Law.

S. 9(1)(vi) of IT Act, 1961, art 5, 7 & 12 of DTAA between India & Australia—Double taxation avoidance agreement—In terms of the agreement for basic engineering and procurement service, the services rendered and the work undertaken by the applicant for an Indian company fall within the scope of “royalties” as per DTAA between India and Australia and the receipts are taxable in India by virtue of art 12(2), r/w s. 9(1)(vi) as the exclusion clause under art 12(4) is not attracted in absence of connection between the PE of the applicant in India and services—Worley Parsons Services Pvt. Ltd., In re (2009) 223 CTR 46 (AAR)

S. 12 of IT Act, 1961—Charitable or religious trust—Where the dominant purpose of a trust/institutions is charitable but incidentally if some profit is made and the said profit is used for charitable purpose, the said trust/institution does not cease to be established for charitable purposes. If the assessee trust/institution fulfils all the conditions mentioned in s. 12A/12AA of the Act, it cannot denied for registration saying some conditions of s. 11 and 12 are not fulfilled and there is requirement under the Act that an institution/trust constituted for advancement of any object of general public utility must be registered as a trust to be entitled to registration under s. 12A of the Act—CIT vs. Krishi Utpadan Mandi Samiti. [2010] 231 CTR 505 (All.)

S. 9 of IT Act, 1961, r/w art. 12 of DTAA between India and USA—Income—Tuition fees paid in respect of scholars sent to do some course in MIT, falls under paragraph 5(c) of art. 12 and is excluded from the purview of RAVIPRAJ fee for technical services RAVIPRAJ. Teleconferencing and re-learning appears to be part of teaching methodology, the payments made for them would qualify for exclusion under paragraph 5(c) of art. 12. Similarly, the payment made to faculty members for teaching through teleconferencing and other modes of e-learning will also come under paragraph 5(c) of art. 12. If the fee paid includes consideration for intellectual property, if any, made available to the applicant, the same is not covered by art. 12.5(c). Hence, the fee paid to HMI at least partly is relatable to the teaching in or by education institution. Therefore, it cannot be ruled that applicant is not at all liable to deduct any tax at source in respect of payments made to HMI and it would depend on further scrutiny by an appropriate authority—Sri Ramchandra Educational & Health Trust (SREHT), In re

S. 12 of IT Act, 1961—Charitable or religious purpose—There is no provision in the Income-tax Act or Rules made there under to deny registration under the provision of s. 12A merely because the assessee is a RAVIPRAJ company RAVIPRAJ. The provision of s. 11 provide for exemption to the total income of a RAVIPRAJ person RAVIPRAJ, who derives income from property held under trust for charitable or religious purpose. Company, being a person in accordance with scheme of Act, is entitled to registration under s. 12A of the Act. Hence, Commissioner was not justified in denying the registration under s. 12A on the ground that assessee is a company and not a trust or institution and as such it does not qualify for registration—Sri Venkateswara Bhakti Channel vs. ACIT (2011) 131 ITD 84 (ITAT-Hyd)

S. 10(22), 10(23C)(iiiad), 11(5) & 12 of IT Act, 1961—Charitable trust—Assessee who is not existing solely for educational purpose, not entitled to claim the benefit under s. 12 because the assessee-trust made deposits with a sister concern in which its trustees were interested thereby failing to satisfy the requirements of s. 11(5) of the Act, 1961—Ramalingam Charities vs. CIT (2011) 243 CTR 307 (Mad)

S. 11, 12, 263 of IT Act, 1961—Revision—Since there is nothing in the assessment order which can be considered as erroneous or prejudicial to the interest of the revenue, jurisdiction under s. 263 cannot be attracted—Services Association of Seventh Day Adventists P. Ltd. vs. ITO (2011) 12 ITR (Trib) 787 (ITAT-Chennai)

S. 11, 12, 13(1)(d) of IT Act, 1961—Charitable purpose—The assessee-trust ran medical, dental nursing, and engineering colleges and other institutions imparting general education. When the objects of assessee-trust are established as genuine and no evidence is on record to show that the assessee trust accepted capitation fee against allotment of seats, assessee-trust is entitled for exemption—ACIT vs. Balaji Educational and Charitable Public Trust (2011) 11 ITR (Trib) 179 (ITAT-Mad.)

S. 2(15), 10(20), (29), 11, 12, 12AA of the IT Act, 1961—Charitable Purpose—The Marketing Committees fulfill all the requirements of S. 11 to get exemption are entitled to registration under s. 12 and S.12A and 12AA of the IT Act 1961—CIT vs. Krishi Upag Mandi Samiti

S. 12 of IT Act, 1961—Exemption—The assessee is a charitable trust registered under s. 12A(1) of the Act and it is running a hospital. It is contributed by the consulting doctors from their earnings. Therefore, contribution or donation received by the assessee from the doctors towards corpus of the found are voluntary in nature in view of the provisions laid down in s. 11 and 12 of the Act and it cannot be treated as income of the assessee—DIT vs. Jaipur Golden Charitable Clinical Laboratory Trust (2009) 311 ITR 365 (Delhi)

S. 11, 12 13 of the IT Act, 1961—Charitable Purposes—The assessee is a charitable trust and under s. 11, the assessee is required to apply the income to the extent of 75 percent for the object to the extent of 75 percent for the object of the trust. In a case where income is not applied, the income can be accumulated or set apart in excess of 25 per cent of the income to be utilised subsequently and for this purpose, the assessee has to exercise its option in writing before the expiry of time allowed under sub-s(1) of s. 139 for furnishing the return of income. it the entire income from funds granted is not utilised in the year, the assessee is required to exercise the option accumulate the exercise income for the purpose of applying it in the subsequent year and since no such option is exercised by the assessee, therefore, the entire income would be assessable in the assessment year in question—Little Tradition vs. Dy. Dir. IT (2009) 312 ITR 147 (ITAT-Delhi)

S. 3,12,13, of Kerala Agricultural IT Act, 1991—Agricultural income-tax—Assessee changing option to regular assessment from payment of tax under compounding scheme. Once an assessee, who has been paying tax under system of compounding under sub-s. (1) of s. 13, reports to pay tax in accordance with s. 3, such assessee would not be entitled to the benefit of carry forward of loss or any depreciation notwithstanding the other provisions of the Act otherwise provided for it. No depreciation would be available on assets acquired prior to the previous year in which the assessee changed from compounding to payment of tax under s. 3 of the Act—Cottanad Plantations Ltd. vs. IAC (2009) 316 ITR 172 (Kar)

S. 12AA of IT Act, 1961—Charitable or religious trust—For the registration of the institution, the Commissioner has to satisfy himself about the object of the institution and genuineness of the activities of the institution and not about the nature of the income. If the object of the institution falls within the definition of ‘charitable purposes’ under s. 2(15) and the institution is genuinely carrying out such object, the Commissioner must grant registration to the institution.—Swargiya Jagannath Jatterwar Shikhan Sansthan Vs. CIT. [2013] 141 ITD 543 (ITAT-Nagpur)

S.12AA of IT Act, 1961 — Charitable or religious trust — The time framed under sub-s.(2) of s.12AA of the Act is only directory and not mandatory. Therefore, there is no automatic or deemed registration if the application for registration filed under s.12AA was not disposed of within the stipulated period of six months. — CIT Vs. Karimangalam Onriya Pengal Semipu Amaipu Ltd.

S.12AA of IT Act, 1961 — Charitable or religious trust — The period of six months as provided under sub-s.(2) of s.12AA of the Act is not mandatory but directory. When public duty is to be performed by the public authorities, the time-limit which is granted by the statute is normally not mandatory but is directory in the absence of any clear statutory intent to the contrary. Hence, not passing order on the application seeking registration within the stipulated period of six months would not automatically result in granting assumed registration. — CIT Vs. Sheela Christian Charitable Trust

S.2(15) & 12A of IT Act, 1961 — Charitable trust — Since the activities of assessee trust are covered by the expression ‘any other object of general public utility’ in S.2(15) of the Act and, therefore, it is entitled for registration under s.12A of the Act. — Urban Improvement Trust, Srinagar Vs. CIT (2013) 152 TTJ 507 (ITAT-Jd)

S. 12AA, r/w s. 80G of IT Act, 1961—Charitable or religious trust—Mere generation of surplus/profit in a particular year cannot be ground for denial of registration under s. 12AA of the Act and also grant of approval for exemption under s. 80G of the Act.—Kanchan Singh Bhuli Devi Shiksha Prasar Samiti Vs. CIT.[2013] 142 ITD  343 (ITAT-LUCK)

S. 12AA, r/w s. 2(15), 11 and 12 of IT Act, 1961—Charitable or religious trust—When the object of the public utility services is one of the charitable purpose as mentioned in s.2(15), it can be examined by the Assessing officer at the time of assessment. If the monetary limit exceeded the limit provided by the Parliament, the Assessing Officer can very well reject the claim of exemption under s. 11, 12 and 13 even though, registration under s. 12AA was granted.—Mahatma Gandhi Charitable Society vs. CIT. [2013] 142 ITD 565 (ITAT-COCHIN)

S. 12AA of IT Act, 1961—Charitable or religious trust —Power of cancellation of registration obtained under s. 12A came to be incorporated by way of amendment introduced by the Finance Act, 2010 w.e.f. 1-6-2010. Therefore, cancellation made w.e.f. assessment year 2009-10 would be invalid and not in accordance with law.—Agra Development Authority vs. CIT. [2013] 141 ITD 336 (ITAT-AGRA)

S. 12AA, r/w s. 13 of IT Act, 1961—Charitable or religious trust—Sec. 13(1)(c) provides that where a part of the income of a charitable or religious trust or institution ensures or is used or applied, directly or indirectly for the benefit of those persons specified in s. 13(3), such a trust or institution shall forfeit the exclusion under s. 11. Even if only small portion of the income ensures or is used or applied for the benefit of a person mentioned in s. 13(3), the entire income of the trust is denied the exclusion, except in the case provided in s. 13(4) of the Act.—Operation Eyesight Universal Vs. DIT. [2013] 142 ITD 641 (ITAT-HYD)

S. 12AA of IT Act, 1961—Charitable or religious trust—It is not open to the commissioner to keep an application for registration under s. 12A pending indefinitely, and when such application is not disposed of within a period of six months from the date of filing an application, the approval is deemed to have been granted.—Pravat vs. CIT. [2013] 142 ITD 654 (ITAT-KOLKATA)

S.2(24)(iia), 11(1)(d), 11(5), 12& 13(1)(d) of  IT Act, 1961 — Charitable trust — In case the assessee-trust fails to comply with the provisions of sec.11(5) then it will lose the benefits of sec.11(1). Sec.12 exempts income of trust or other institutions from voluntary contributions which are otherwise taxable as covered by definition of ‘income’ under sec.2(24)(iia). These voluntary contributions are deemed to be income derived from property held under trust wholly for charitable or religious purposes and the provisions of sec.11 and 13 apply accordingly. — Sera Foundation Vs. ITO [2012] 150 TTJ 537 (ITAT-Delhi)

S.  12A, r/w s. 12AA of IT Act, 1961—Charitable or Religious Trust—According to Board’s Circular No. 11/ 2008, dated 19-12-2008, where the purpose of the trust or institution is relief of poor, education or medical relief, it will constitute charitable purpose even if it is incidentally involves commercial activities. The object of providing education is charitable activity even if consequent to carrying on such activity the trust earns any benefit out of it.—A.V.S. Educational Trust Vs. ITO. [2013] 140 ITD 681 (ITAT-CHENNAI)

S.2(15) & 12A, of  IT Act, 1961 — Charitable trust — Selling milk, Gober, Khatta and milk etc are incidental to the objective of the trust for carrying out the main object of the trust of maintaining Goshala. Therefore, refusing to allow registration under sec.12A of the Act to the assessee Goshala treating such activities in violation of sec.11 of the Act is not justified. — Sri Gomandir Seva Trust Vs. CIT [2012] 150 TTJ (UO) 48 (ITAT-Ctk)

S. 12AA, r/w s. 12A and 80G of IT Act, 1961—Charitable or religious Trust—Only a question of law can be referred for decision of the Court and the decision of the Tribunal on a question of fact can be challenged only if it is not supported by any evidence, or is unreasonable or perverse. Acceptance of the explanation furnished should be the rule and refusal, an exception, more so when no negligence or inaction or want of bona fides can be imputed to the defaulting party. Since there were sufficient reasons for the delay in filing the applications for registration under s. 12A of the Act, the trust should be granted registration while condoning the delay.—DIT vs. Vishwa Jagriti Mission.

S.12A, r/w S.10(23C), 11 and 12AA of IT Act, 1961 — Charitable or religious trust — Exemption under s.10(23C) of the Act can be claimed by an assessee trust without applying for registration under s.12A of the Act as it is not required to fulfill the conditions mentioned under s.11 of the Act while claiming exemption under s.10(23C)(vi) of the Act. — CIT Vs. Jeevan Deep Charitable Trust

S. 2(15), 12A of IT Act, 1961—Charitable purpose—Since the activities of assessee institution were in nature of trade, commerce or business or rendering services in relation with trade, commerce or business and its income was more than Rs. 10 Lakh in each year, the institution falls within the purview of the amendment to s. 2(15) of the Act and therefore, its registration granted under s. 12A is liable to be cancelled.—Entertainment Society of Goa Vs. CIT. [2013] 23 ITR (Trib) 635 (ITAT-PANJI)

S. 12AA of the IT Act, 1961—Charitable or religious trust— DIT vs. FOUNDATION OF OPHTHALMIC & OPTOMETRY RESEARCH EDUCATION CENTRE.

S.12AA of IT Act, 1961 — Charitable or religious trust — The Commissioner under s.12AA of the Act is to satisfy himself about the objectives of the trust and the genuineness of its activities. For such purpose, he has the power to call for such documents or information from the trust as he think are necessary. However, this does not mean that if the activities of the trust have not commenced, the Commissioner has authority to reject its application for registration on the ground that the trust failed to convince him about the genuineness of the activities. — CIT Vs. Kutchi Dasa Oswal Moto Pariwar Ambama Trust

S. 12A, r/w s. 12AA of IT Act, 1961—Charitable or religious Trust—The object of s. 12AA of the Act, is to examine the genuineness of the objects of the trust, but not the income of the trust for the charitable or religious purpose. The Commissioner cannot deny registration on the ground that the trust is in nascent stage and is yet to work towards its object.—CIT Vs. B.K.K. Memorial Trust.

S. 12 of IT Act, 1961—Charitable or religious trust—The assessee-society received grants from certain agencies and the maximum amount of grants remained unspent at the end of the year. These grants were to be spent as per the terms and conditions of the grants. The amounts, which remained unspent at the end of the year, got spilled over to the next year and was treated as unspent grant. Since, the assessee was not free to use the grants voluntarily as per its sweet will and, thus, these grants were not voluntary contribution as per s. 12 of the Act. Hence, the order of the Assessing Officer of adding said unspent grant to income of assessee invoking provisions of s. 12 is liable to be quashed and set aside—DIT vs. Society for Development Alternatives

S.11, 12, 13(2), (b), (d), (h) of Act, 1961 — Exemption — When there is no violation of the provisions of s.13(2)(2)(b) or 13(2)(h) of the Act in receiving of donation through cheques in question, the assessee trust may not be disqualified for exemption. — DIT Vs. Raunaq Education Foundation [2013] 350 ITR 420 (SC)

Sec. 12A of the Income tax Act,  1961—Registration Trust—The said question arises out of the fact that the assessee filed an application for registration of the trust under Section 12A of the Act on 20.06.2006 for its registration as a Charitable Trust. The Learned Commissioner of Income Tax declined registration inter-alia for the reason that a sum of Rs. 17,12,143/- cannot be said to be donation towards corpus because the counterfoils of the receipts issued to the donors do not contain any specific directions nor has the assessee adduced any proof that the respective donors made the donations with specific directions towards corpus. The counterfoil do not bear any even complete addresses of the donors and in most of the cases only bare names are there on the receipts and without permanent account number. Thus, it was concluded that the trust has failed to comply with the provisions of the Act. Punjab & Haryana High Court while allowing the appeal of the revenue held that: — “The list of 87 donors shows that the only names are mentioned without any address. The lack of information in respect of parentage, age, address or PAN Numbers in the list of donors are the good reasons for declining the registration of the assessee as a charitable trust. The list of such donors is sufficient to infer that about the genuineness of the activities of the trust as contemplated and required to be considered by the Assessing Officer in terms of Section 12AA(1)(aa) of the Act. We find that reliance on the judgment referred to by learned counsel for the respondent is not tenable. In the aforesaid case, the question examined was during the course of assessment and not during the course of grant of registration. At the time of registration, the Commissioner of Income Tax is to consider the genuineness of activities of the Trust or the Institution and was also required to make such enquiry as he may deem necessary. On the basis of enquiry conducted and the information submitted by the respondent, the introduction of donors shows in-genuineness of activities of the trust. Therefore, it is a sufficient reason to decline registration in terms of Section 12AA(1) (a) of the Act.”[2013] 25 ITCD 77 (P&H)

S.12AA, 13(1)(b), 80G(5)(vi), of  IT Act, 1961 —Charitable Trust—Since there is nothing in the object clause to indicate a bar on the assessee-trust, limiting the expenditure on religious objects to 5 per cent of the total income for a particular year, the assessee’s claim for approval under sec.80G(5)(vi) is not sustainable. — Radhika Seva Sansthan Vs. CIT [2012] 20 ITR (Trib) 31 (ITAT-Jaipur)

Charitable or religious trust—Sec. 12—IT ACT, 1961—Director of Income-tax (Exemption), Ahmedabad v. N.H. Kapadia Education Trust. [2012] 136 ITD 111 (ITAT-AHMEDABAD)

Sec. 12AA of the Income tax Act, 1961—Charitable or religious Trust—Whether Krishi Upaj Madi Smiti can be said to be a trust or an institution constituted for the charitable purpose and whether its activities are charitable as defined in sec. 2(15) of the IT  Act? While dismissing the appeal of the revenue, Rajasthan High Court in view of CIT vs. KUMS Income Tax Appeal No. 107/2007 decided on 18.3.2008 held that in this case KUMS, Jodhpur was entitled to grant of registration u/s 12AA of the Act.  In view of aforesaid, question No.1 is answered in terms of aforesaid decision. The question No.2 framed above is also liable to be answered in favour of the respondent – assessee and against the Revenue and it is held that the respondent – assessee is a Trust or an institution constituted for charitable purposes and its activities are charitable as defined in Section 2(15) of the IT Act. [2013] 26 ITCD 31 (RAJ)

S. 12AA of IT Act, 1961—Charitable purpose—The assessee was not pursuing objects of general public utility, but was carrying on activities in the nature of business, resulting in huge turnover year after year and, therefore, the object of the assessee no longer fell under the definition of “charitable purpose” explained in s. 2(15) w.e.f. April 1, 2009. Therefore, registration granted to assessee society under s. 12AA of the Act rightly cancelled.—Tamil Nadu Cricket Association Vs. DIT. [2013] 22 ITR (Trib) 673 (ITAT-Chennai)

S. 12A of IT Act, 1961—Charitable or religious Trust—An application under s. 12A once rejected, it is not permissible to restore. —Kadakkal Eductional Trust Vs. CIT.

S. 2(15), 12A & 12AA of IT Act, 1961—Charitable trust—Objects which seek to promote or protect the interest of a particular trade or industry are object of public utility. The main object of the assessee is to promote networking facilities to the CEOs for improving the quality and profitability of their enterprises by providing a platform for CEOs for exchange of ideas and promotion of entrepreneurship through shared experience in India. Thus, it is entitled to registration under s. 12 of the Act.—CEO Clubs India Vs. DIT. [2013] 153 TTJ 66 (UO)(ITAT-MUM)

S. 12AA, r/w s. 80G of IT Act, 1961—Charitable or religious trust—There was no evidence on record to consider that the assessee’s activities are commercial in nature. Just because the assessee entered into an agreement for providing services in the field of project management, in which it specializes or collects registration fee and workshop fee, it does not tantamount to commercial activity as these were spent for the purpose of organizing the workshops in the field of education for which the trust/society was incorporated. Since the assessee’s objects are charitable in nature, application of assessee, a charitable institution for grant of approval under s. 80G is allowable.—Project Management Institute Vs. DIT. [2013] 142 ITD 239 (ITAT-HYD)

S. 12A, 80G of IT Act, 1961—Charitable purpose—In the absence of any documentary evidence with regard of making expenses an any charitable activity, trust is not entitled for registration.—DSE-Economics Placement Cell Vs. DIT. [2013] 23 ITR (Trib) 121 (ITAT-DEL)

S. 12AA(3) of IT Act, 1961—Charitable Purpose—The assessee trust was formed on January, 23, 2008, and within a period of nine months it filed an application under s. 12A for issuance of the registration claiming exemption. When the trust itself was formed in January, 2008 with the money available with the trust, one cannot expect it to do activity of charity immediately and because of that situation the authority cannot come to a conclusion that the trust is not intending to do any activity of charity. In such a situation the objects of the trust have to be taken into consideration by the authority and the objects of the trust can be read from the trust deed itself. In the subsequent returns filed by the trust, if the revenue found that factually the trust has not conducted any charitable activities, the authorities concerned can withdraw the registration already granted or cancel the registration under s. 12AA(3) of the Act.—DIT vs. Meenakshi Amma Endowment Trust.[2013] 354 ITR 219 (KARN)

S.12AA of IT Act, 1961 — Charitable or religious trust — Where a trust, set up to achieve its objects of establishing educational institution, is in the process of establishing such institution, and receives donations, the registration under s.12AA cannot be refused, on the ground that the trust has not yet commenced the charitable or religious activity. — Hardayal Charitable & Educational Trust Vs. CIT

S. 2(15), 12A, 12AA (3)  of IT Act, 1961—Charitable purpose—The assessee society was formed to establish progressive schools or other educational institutions and it was granted registration under s. 12A of the Act. Since there was no allegation or evidence with regard to violation of objects of the trust, the registration granted to assessee society cannot be cancelled.—The Civil Services Society Vs. DIT. [2013] 22 ITR (Trib) 627 (ITAT-DEL)

S. 12A of IT Act, 1961—Charitable trust—If the order is not passed by CIT within 6 months of receipt of application in Form 10A, under s. 12A, it is deemed that it stand allowed.—Nosegay Public School Management Committee Vs. CIT. [2013 153 TTJ 1 (UO)(ITAT-JD)

S.12A of IT Act, 1961 — Charitable Purposes — The assessee-society was formed with the objective of working towards the welfare of the trade and business community. However, later on, by a resolution the objects of society were changed. The Commissioner of Income-tax rejected the application of assessee-society considering pre-amended object clause. Therefore, the matter was remanded to the Commissioner to consider the amended object clause and other material and take appropriate decision in accordance with law. — Vyapari Vyavasayi Ekopana Samithi Welfare Society Vs. CIT [2013] 24 ITR (Trib) 528 (ITAT-Cochin)

Section 12A of the Income-tax Act, 1961 – Charitable or religious trust –Director of Income-tax Vs. Guru Nanak Foundation.

Section 12AA, read with section 11, of the Income-tax Act, 1961 – Charitable or religious trust –Sanjeevamma Hanumanthe Gowda Charitable Trust Vs. DIT.

Section 12AA of the Income-tax Act, 1961 – Charitable or religious trust – Welham Boys’ School Society vs. Central Board of Direct Taxes.

Section 12 of the Income-tax Act, 1961- Charitable or religious trust – Care Today Fund vs. Director General of Income-tax.

Section 12A of the Income-tax Act, 1961 – Charitable or religious trust – Aman Shiv Mandir Trust vs. CIT.

Reference: – As Per Rule 12 of the Income Tax Act 1961

Return of income and return of fringe benefits.

12. (1) The return of income required to be furnished under sub-section (1) or sub-section (3) or sub-section (4A) or sub-section (4B) or sub-section (4C) or sub-section (4D) of section 139 or clause (i) of sub-section (1) of section 142 or sub-section (1) of section 148 or section 153A relating to the assessment year commencing [on the 1st day of April, [2013] shall,—

(2) The return of income required to be furnished in Form SAHAJ (ITR-1) or Form No. ITR-2 or Form No. ITR-3 or Form SUGAM (ITR-4S) or Form No. ITR-4 or Form No. ITR-5 or Form No. ITR-6 [or Form No. ITR-7] shall not be accompanied by a statement showing the computation of the tax payable on the basis of the return, or proof of the tax, if any, claimed to have been deducted or collected at source or the advance tax or tax on self-assessment, if any, claimed to have been paid or any document or copy of any account or form or report of audit required to be attached with the return of income under any of the provisions of the Act:

Provided that where an assessee is required to furnish a report of audit specified under sub-clause (iv), (v), (vi) or (via) of clause (23C) of section 10, section 10A, clause (b) of sub-section (1) of section 12A, section 44AB, section 80-IA, section 80-IB, section 80-IC, section 80-ID, section 80JJAA, section 80LA, section 92E or section 115JB of the Act, he shall furnish the same electronically.

(3) The return of income  referred to in sub-rule (1) may be furnished in any of the following manners, namely:—

Provided that—

(4) The Director-General of Income-tax (Systems) shall specify the procedures, formats and standards for ensuring secure capture and transmission of data and shall also be responsible for evolving and implementing appropriate security, archival and retrieval policies in relation to furnishing the returns in the manners specified in clauses (ii), (iii) and (iv) of sub-rule (3).[and the report of audit in the manner specified in proviso to sub-rule (2)

(5) Where a return of income relates to the assessment year commencing on the 1st day of April, [2012] or any earlier assessment year, it shall be furnished in the appropriate form as applicable in that assessment year.