Case Law Details
Case Name : ITO Vs Serum Institute of India Research Foundation (ITAT Pune)
Related Assessment Year : 2005-06
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ITO (Exemptions) Vs Serum Institute of India Research Foundation (ITAT Pune)
Corpus donations received by the Trusts, which is not registered u/s.12A/12AA of the Act, are not taxable as they assume the nature of ‘Capital receipt’ the moment the donations are given to the “Corpus of the Trust”.
Provisions of section (24)(iia)/12(1)/11(1)(d)/35/56(2) are relevant for deciding the current issue. It is a settled legal proposition, in case of a registered Trust under the Income-Tax Act, the corpus specific Voluntary Contributions are outside the scope of income as defined in section 2(24)(i...
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The assessee is registered as society (not TRUST) under Society Registration Act, 2001 in Andhra Pradesh carrying out activities to serve as an academic body for facilitating exchange of knowledge and technology to doctors. The registered society is not having 12A/12AA certificate.
During this financial year, the society is in receipt of Corpus donation from one of the founding member of the society.
Question: Can we treat this corpus donation as capital receipt and hence not chargeable to tax? Pls advice along with relevant provision of Income Tax Act and supported case law if any.