Income Tax : One can set up either a public charitable trust, a registered society, or a Section 8 Company (a trust corporation). Each has it...
Company Law : Under Section 2(18) of the Income tax a company is said to be a company in which the public are substantially interested in the fo...
Income Tax : NGO’s or charity work in India can be carried out by various methods/forms of business, such as a Trust/ A society or by a Non-P...
Finance : Forming a, Trust or a Society, or a Company Generally speaking, any organisation that devotes its funds for public welfare is a no...
Company Law : Objectives of Company proposed to be formed under Section 8 of Companies Act 2013 should be to promote commerce, art, science, sp...
Company Law : Government is planning to relax exit norms for not-for-profit companies to allow them to de-register without having to follow cumb...
Company Law : The government today eased rules for incorporating not-for-profit companies, by giving the Registrar of companies the power to dir...
CA, CS, CMA : As you may be aware that the ICAI has taken a lead role in the development and promotion of XBRL in India and has accordingly set ...
Company Law : The government is planning to permit corporate houses to set up higher educational institutions -- like multi-disciplinary univers...
Corporate Law : Supreme Court held that State Bar Councils (SBCs) cannot charge an enrolment fee or miscellaneous fees above the amount prescribed...
Corporate Law : ITAT Delhi held that written off of obsolete inventory allowable as prepared in accordance with accounting standards and duly got ...
Corporate Law : There was sufficient evidence collected by the respondent Enforcement Directorate to prima facie come to the conclusion that asses...
Service Tax : Religious body not liable to pay service tax prior to 01.07.2012 on renting of immovable property: CESTAT Chennai: Church of South...
Corporate Law : Analysis of Pooja Mehra vs Victory Ace case before NCLAT Delhi. Understanding IBC time limits, belated claims, and implications fo...
Company Law : Proposed guidelines for conversion of section 25 company (non profit company) to an ordinary company under Companies Act, 1956. -...
Held that the interest granted by the reference Court u/s. 28 of the Land Acquisition Act from the date of possession of land till the date of judgment of High Court is an accretion of the value of the land acquired, not chargeable to tax.
CESTAT Kolkata held that the Tubular Plate Lead Acid batteries are an integral part of the Solar Power Generating System, are eligible for the benefit of exemption Notification 6/2002 dated 01/03/2002 as amended.
One can set up either a public charitable trust, a registered society, or a Section 8 Company (a trust corporation). Each has its own advantages and constraints. If a person wishes to set apart either property or money for a charitable purpose so that the income may be devoted in perpetuity for the fulfilment of the charitable activity, and wants to limit control over the disposal of that income to persons whom he knows and trusts, then it is best to set up a public charitable trust. A public charitable trust can be set up under the Bombay Public Charitable Trusts Act 1950 in Maharashtra or Gujarat. Elsewhere in the country it can be set up under the general law, i.e., by registration of the trust deed with the registrar. But a private trust whose beneficiaries generally are relatives or friends and not society at large does not enjoy tax benefits.
ADIT Vs. M/s. RBS Foundation India (ITAT Mumbai) Assessee is a limited share registered company under section 25 of the Act and is a separate and independent legal entity wherein RBS Bank India or ABN AMRO Foundation, Netherlands are neither the shareholders nor the promoters of the assessee. The assessee company has been formed with […]
Under Section 2(18) of the Income tax a company is said to be a company in which the public are substantially interested in the following circumstances: (a) if it is a company owned by the Government or the Reserve Bank of India or in which not less than forty per cent of the shares are held (whether singly or taken together) by the Government or the Reserve Bank of India or a corporation owned by that bank; or
NGO’s or charity work in India can be carried out by various methods/forms of business, such as a Trust/ A society or by a Non-Profit Company. Coming to the point of why the Government cancelled these licenses. What I have gathered is because:
Forming a, Trust or a Society, or a Company Generally speaking, any organisation that devotes its funds for public welfare is a not-for-profit organisation (NPO). This includes schools, colleges, hospitals, religious organisations, etc. It also includes non-governmental organisations (NGOs). There are three common forms of not-for-profit organisations: Trusts, Societies and Sec. 8 Companies. Which one should you choose?
Objectives of Company proposed to be formed under Section 8 of Companies Act 2013 should be to promote commerce, art, science, sports education, research, social welfare, religion, charity, protection of environment or any such other object. [Section – 8(1) of Companies Act 2013]
An assessee that engages itself only or predominantly in activities relating to its ancillary or incidental objects which do not relate to any charitable purpose and does not carry on any activity relating to its main object which pertains to a charitable purpose is not entitled to an exemption under Section 11. A view to the contrary would lead to the most startling results.
The order of Sh. K.S.Mohi basically implements the resolution of DDCA dated 1.3.2007 and on which aspect I have already commented above that there is absolutely no resolution whatsoever dated 1.3.2007 and if even there is such a resolution, the same will be an illegal resolution because the same amounts to an amendment of the Memorandum of Association or Rules without prior sanction/approval of the Central Government as required under Section 25 of the Companies Act, 1956, the license granted to the DDCA and as duly incorporated in Clause 4(vii) of the Memorandum of Association.Therefore, the order dated 12.4.2007 cannot bind the appellants/plaintiffs either on principle of res judicata or because there is no resolution dated 1.3.2007 of DDCA on which the order was passed, or on the ground even if there is a resolution dated 1.3.2007, the said resolution would be an illegal resolution in the absence of any prior sanction or approval from the Central Government.
