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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)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2018-19
- Courts
- All ITAT, ITAT Delhi
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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...






