Care for All Foundation is claiming exemption under section 10(23C)(vi). On 15.11.2023 it gets notified under section 10(46). The foundation intends…

CA Final · Direct Tax Laws and International Taxation · PYQS · November 2024
Care for All Foundation is claiming exemption under section 10(23C)(vi). On 15.11.2023 it gets notified under section 10(46). The foundation intends to know whether it can enjoy the benefits of both sections in section 10(46) and section 10(23C)(vi) simultaneously.

Suggested Answer and Working Notes:

(iii) Where a trust or institution or fund is notified under section 10 (46) , the approval or provisional approval granted under first regime under section 10(23C) (vi) would become inoperative from the date of such notification issued under section 10 (46) . Accordingly, in the present case, since approval granted under section 10(23C) (vi) would become inoperative from 15.11.2023, being the date of notification issued under section 10 (46) , Care for All Foundation cannot simultaneously enjoy the benefits of both sections i.e., 10(23C) (vi) and section 10 (46) .

Topics: Assessment of Trusts and Institutions, Political Parties and Other Special Entities

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