09 July 2020
Under which "category of person"should I apply for PAN in each of the following cases? Case-1: If I want to apply for a PAN for a private school that a individual owned and running. Case-2: If two or more individuals owned and running a private school. Case-3: If 'Association of Person' owned and running a private school.
Category of person are AOP, BOI, Tust, Artificial Juridical Person
10 July 2020
In my opinion , the status of the assessee usually depends on the constitution of the organisation , i.e. the legal framework of the organisation . If the individual sets up the school,then usually the school should be assessed as individual .
2. Co-operative societies, MARKFED, NAFED etc. are the examples of such persons. When persons combine togather to carry on a joint enterprise and they do not constitute partnership under the ambit of law, they are assessable as an association of persons. Receiving income jointly is not the only feature of an association of persons. There must be common purpose, and common action to achieve common purpose i.e. to earn income. An AOP. can have firms, companies, associations and individuals as its members.
A body of individuals (BOl) cannot have non-individuals as its members. Only natural human beings can be members of a body of individuals. So in the given case , it will be BOI . In the third case it will be considered as AOP, because the answer is in the question .
11 July 2020
Thanks for your answer.some more questions 1.Is school, college and hospitals are profit making organization or non profit making organization? 2.I often confused that why school/college/hospital are assessed as 'Trust' under IT act. Can these be assessed as individual/firm/Aop/BOI if profit making is the aim.
11 July 2020
1 At the option of the owner it can be profit making organization or non-profit making organization. Non profit making is the condition for exemption from tax. 2 yes these can be assessed as individual/firm/Aop/BOI if profit making is the aim. These are assessed as trust to claim tax exemption.
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