A Practical Approach to Taxation And Accounting Of Charitable Trusts, NGOs & NPOs

by CA. (Dr) N. Suresh

A Practical Approach to Taxation And Accounting Of Charitable Trusts, NGOs & NPOs

by CA. (Dr) N. Suresh

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CONTENTS AT A GLANCE

Bharat? 5
Preface to the Tenth Edition 7
About the Author 9
About the experts who have contributed to the book 10
Bird’s Eye View of Amendments made by Finance (No. 2) Act, 2024 11
Bird’s Eye View of Amendments made by Finance Act, 2023 15
Bird’s Eye View of Amendments made by Finance Act, 2022 27
Detailed Contents 43
Table of Cases 71

Volume 1

Role of NGOs & NPOs

1 Significant Role of NGOs and NPOs in India 1

DIVISION II

Transfer of Income without Transfer of Assets

Chapter 2 Applicability of Sections 60 to 63 — Transfer of Income without Transfer of Assets 4

DIVISION III

Charity and Charitable Purpose

Chapter 3 Charity 9
Chapter 4 Charitable Purpose 16
Chapter 5 Relief of the Poor 30
Chapter 6 Education and Medical Relief 37
Chapter 7 Advancement of any other General Public Utility 61
Chapter 8 Proviso to Section 2(15) — Restriction on Trade,Business, Commerce 90

DIVISION IV

Formation and Management

Chapter 9 Basics on Formation of Trust or Society or Section 8 Company122
Chapter 10 Formation of a Trust 125
Chapter 11 Formation of a Society 144
Chapter 12 Formation of Section 8 Companies 149

DIVISION V

Registration and Procedure for Registration

Chapter 13 Conditions for Applicability of Sections 11 and 12 170
Chapter 14 Registration of Trusts under section 12A 180
Chapter 15 Procedure for Registration of Trust or Institution under section 12AB 229

DIVISION VI

Breach of Trust and Rectification of Trust Deed

Chapter 16 Breach of Trust 291
Chapter 17 Rectification or Amendment of Trust Deed 298

DIVISION VII

Income and Application of Income

Chapter 18 Limbs of section 11 310
Chapter 19 Trust Property 322
Chapter 20 Legal Obligation — Trust includes Legal Obligation 325
Chapter 21 Income of Charitable or Religious Trusts or Institutions 332
Chapter 22 Application of Income 340
Chapter 23 Prescribed Mode of Investment [Section 11(5)] 367
Chapter 24 Accumulation of Income 379
Chapter 25 Filing of Form 9A and Form 10 411
Chapter 26 Depreciation 440
Chapter 27 Consequences of Failure under section 11(1B),11(3) and 11(3A) 450

DIVISION VIII

Forfeiture of Exemptions

Chapter 28 Overview of Forfeiture of Exemption 457
Chapter 29 Person Specified under section 13(3) 461
Chapter 30 Forfeiture of Exemption-I 470
Chapter 31 Forfeiture of Exemptions-II, Failure to Invest in a Mode Specified 481
Chapter 32 Forfeiture of Exemption-III, Income or Property of the Trust Applied for Specified Persons 498
Chapter 33 Deemed Restricted User [Section 13(2)(a)–13(2)(h)] 511

DIVISION IX

Voluntary Contributions (Donations)

Chapter 34 Voluntary Donations 531
Chapter 35 Voluntary Contributions (Donations) — Corpus Donations 546
Chapter 36 Voluntary Contribution — Anonymous Donation 576

DIVISION X

Business held in Trust

Chapter 37 Business Held under Trust — Section 11(4) 592
Chapter 38 Exemption of Business Income under section 11(4A) 601

DIVISION XI

Donor’s Benefit

Chapter 39 Section 80G: Donations 628
Chapter 40 Donations for Eligible Projects or Schemes 687
Chapter 41 Inter - Charity Donations 700
Chapter 42 Identity of Donor 712

DIVISION XII

Capital Gains for Charitable Trusts or Institutions

Chapter 43 Capital Gains of Charitable or Religious Trusts or Institutions 716
Chapter 44 Case Studies in Computation of Capital Gains 739

DIVISION XIII

Books of Account, Method of Accounting, Audit of Accounts of Charitable Trust, Assessment of Charitable Trusts or Institutions

Chapter 45 Books of Account, Basis of Accounting and Accounting Aspects 746
Chapter 46 Accounting Standards Applicable to NPOs, NGOs, Charitable Trusts or Institutions 805
Chapter 47 Audit of Accounts of Charitable Trusts or Institutions 817
Chapter 48 Permanent Account Number 886
Chapter 49 Tax Deduction Account Number 892
Chapter 50 Filing Return of Income 904
Chapter 51 Assessment of Charitable Trusts or Institutions 913
Chapter 52 Principle of Mutuality 945
Chapter 53 Assessment of AOP/BOI 967

DIVISION XIV

Taxation

Chapter 54 Taxation of Charitable or Religious Trusts or Institutions 984
Chapter 55 Accreted Income-tax on Charitable Trust or Institution when it Ceases to Exist 999
Chapter 56 Surplus is a Bar to Claim Exemption for Charitable or Religious Trust or Institution under Income Tax Act, 1961? 1016
Chapter 57 Capitation Fees 1029
Chapter 58 How to Compute Income of Charitable or Religious Trusts or Institutions 1050
Chapter 59 Set Off and Carry Forward of Losses 1071
Chapter 60 Wealth Tax Act, 1957, Relating to Charitable Trusts or Institutions 1083

DIVISION XV

Income Excluded

Chapter 61 Income of University or Other Educational Institutions under Section 10(23C) 1102
Chapter 62 Income of Hospital or other Institutions under section 10(23C) 1150
Chapter 63 Requirements as per Provisos to Section 10(23C) Applicable to Educational and Medical Institutions 1167
Chapter 64 Excluded Income and Agricultural Income 1236
Chapter 65 Project Grants, Grants-in-Aid - Accounting and Disclosures 1242

DIVISION XVI

Corporate Governance

Chapter 66 Corporate Governance 1252
Chapter 67 Meetings and Resolutions 1256

DIVISION XVII

FCRA, International Activity, Liaison and Branch Office

Chapter 68 Foreign Trust and Activities in India 1262
Chapter 69 Foreign Trust and International Activity 1274
Chapter 70 Liaison and Branch Office of Foreign Trust or Institution – Activities in India 1281

DIVISION XVIII

Important Circulars, Acts

Chapter 71 Important CBDT Circulars 1316
Chapter 72 Prevention of Money Laundering Act, 2002(PMLA) 1352

DIVISION XIX

Specimen of Deeds

Chapter 73 Specimen of Trust Deed 1356
Chapter 74 Specimen of Memorandum and Bye-Laws of Society 1360
Chapter 75 Specimen of Memorandum and Articles of Association of Section 8 Company 1366

DIVISION XX

Service Tax and Corporate Social Responsibility

About the Author

CA. (Dr) N. Suresh

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A Practical Approach to Taxation And Accounting Of Charitable Trusts, NGOs & NPOs
Pages: 1544
Language: Hindi
ISBN: 9788197766459
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Chapter 76 Goods & Services Tax Applicability to Charitable Trusts or Institutions 1388
Chapter 77 Corporate Social Responsibility 1399