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Ask your queries or reply to others' queries => Discussion => Topic started by: rknaudiyal2000 on March 16, 2009, 09:03:42 PM

Title: New section 2(15) regarding Charitable Trust
Post by: rknaudiyal2000 on March 16, 2009, 09:03:42 PM
Dear Friends,

We have a Gratuity Trust and contributed Gratuity contribution in every year according to as-15. we have invested Trust income in various mutal fund & fixed deposit and received dividend and interest. Can these income is taxable under section 2(15) Trust Act.

Thanks
Title: Re: New section 2(15) regarding Charitable Trust
Post by: brett_lee38 on March 17, 2009, 03:48:21 PM
yes the income earned on fix deposit and funds is chargeble to tax under the I.T.Act under the head "other sources".
Title: Re: New section 2(15) regarding Charitable Trust
Post by: rknaudiyal2000 on March 17, 2009, 08:54:01 PM
Sir,

If Dividend received is exempt from tax in the hand of Trust then how can income taxable of Gratuity Trust because Divendend Distribution Tax is applicable at the end of Company.
Title: Re: New section 2(15) regarding Charitable Trust
Post by: brett_lee38 on March 19, 2009, 03:16:18 PM
Yes Agreed if the dividend income is exempt then there is no tax
Title: Re: New section 2(15) regarding Charitable Trust
Post by: vyakul on March 21, 2009, 08:20:10 PM
Sir
I am of the opinion that the income shall be exempt based on the following
1) Income tax exemption obtained
2) Based on the principal of mutuality
Regards
sathya

Title: Re: New section 2(15) regarding Charitable Trust
Post by: rknaudiyal2000 on March 21, 2009, 09:07:38 PM
Dear Sir,

At the time of Dividend Distributed then Dividend distribution tax is applicable. Therefore to save double taxation diviend income is exempt at the hand of Income receiver.
Title: Re: New section 2(15) regarding Charitable Trust
Post by: brett_lee38 on March 27, 2009, 02:27:42 PM
Similar issue is pending before the Hon'ble Delhi High Court may be this issue would be referred to special Bench