Income Tax Questions & Answers Series Consolidated



Quick Summary
This article addresses two key income tax matters. Firstly, it clarifies that for property developers, income from unsold flats held as stock-in-trade should be treated as business income, not income from house property. Secondly, it details the updated procedure and timelines for charitable trusts seeking registration under Sections 11 and 12, including provisional and final registration requirements.

CASE NO.1 Unique Estates Development Co. Ltd Vs. DCIT (Income Tax Appellate Tribunal, Mumbai) ITA No. 4598/Mum/2019 | 22-03-2021 SUB: INCOME FROM UNSOLD FLATS SHALL BE TREATED AS BUSINESS INCOME OF THE DEVELOPER AND NO INCOME FROM HOUSE PROPERTY ON THE BASIS OF ANNUAL LETTING VALUE OR NO
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FAQ :

Income from unsold flats that are considered stock-in-trade for a developer or builder should be assessed as business income, not as income from house property based on annual letting value.

A new charitable trust must apply for registration at least one month before the commencement of the previous year relevant to the assessment year from which exemption is sought. For AY 2022-23, this meant applying by 28th February 2021.

Provisional registration for a charitable trust is valid for three years, starting from the beginning of the assessment year for which the registration is initially sought.

A public trust can apply for final registration at least six months before the provisional registration expires or within six months of commencing its activities, whichever is earlier.

The Principal Commissioner or Commissioner is responsible for granting approval for the registration of a charitable trust, typically within one month from the end of the month in which the application is made.




About the Author

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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