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Charitable Trust acking 12A registration cannot be taxed on gross receipt: ITAT Delhi

Case Law Details

Case Name
Tripura Bambu and Cane Development Centre Vs ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
Advertisement Tripura Bambu and Cane Development Centre Vs ITO (ITAT Delhi) No 12A Registration ≠ Gross Receipts Tax: ITAT Delhi Directs Tax Only on Surplus  Delhi ITAT   held that even where a charitable institution is not registered u/s 12A, the Revenue cannot assess its entire gross receipts as income. The Tribunal applied the real income theory and reiterated that only the surplus (receipts minus expenses) can be brought to tax, even if the assessee is assessed as an AOP. The ITAT noted that the books of account were neither rejected nor disputed, and in earlier as well as subseque...
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Author Info

CA RAJESH KUMAR
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangaluru, Karnataka
Articles Published: 41

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