Seva Niketan, a charitable trust registered under section 12AB runs an educational institution, which is engaged solely in education and a hospital…

CA Final · Direct Tax Laws and International Taxation · RTP · May 2024
Seva Niketan, a charitable trust registered under section 12AB runs an educational institution, which is engaged solely in education and a hospital for treatment of persons suffering from mental disorder solely for philanthropic purposes. The trust furnished the following information: (i) The total receipts of the trust for the P.Y. 2023-24 for educational institution is 3.10 crores and for the hospital it is 3.40 crores. (ii) Voluntary contributions [included in (i) above] received for the P.Y. 2023-24 from the public amounted to 105 lakhs. It includes corpus donations of 55 lakhs (for purchase of building for the trust) and anonymous donations of 20 lakhs. (iii) During the P.Y. 2023-24, computers purchased for 80 lakhs out of Corpus fund mentioned in (ii) above 30 lakhs. Loan - 25 lakhs Voluntary contributions -25 lakhs (iv) Corpus donations received during the current year are invested in - Post Office Savings Accounts 10 lakhsCanara Bank as Fixed deposits 5 lakhsNon-banking Financial Corporation (NBFC) 10 lakhs (v) Deposited 15 lakhs towards post office savings account which were utilised for purchase of building during the P.Y. 2020-21 and P.Y. 2021-22 out of corpus fund 10 lakhs and 5 lakhs, respectively. (vi) Amount paid to another trust registered u/s 12AB by way of donation of 10 lakhs. Out of the said amount 2 lakhs are given as corpus donations. (vii) 6 lakhs, being the amount set apart in the P.Y.2022-23 by the trust for charitable purposes u/s 11(2) utilized in the P.Y. 2023-24 for making donation to another charitable trust, whose object is also education. From the information given above, choose the most appropriate answer to Q. 7 to Q. 11:
(A) Yes, it can do so since annual receipts for each activity do not exceed 5 crores.
(B) No, it cannot do so since the trust is registered under section 12AB.
(C) No, it cannot do so since aggregate receipts from education and hospital exceed 5 crores.
(D) No, it cannot do so due to the reasons mentioned in (b) and (c) above.

Suggested Answer and Working Notes:

Correct Answer: Option (C)

No, it cannot do so since aggregate receipts from education and hospital exceed 5 crores.

Topics: Transfer Pricing, Double Taxation Relief, Non-Resident Taxation

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