1. TAX EXEMPTION FOR NON-PROFIT ACTIVITIES FILMA VARGHESE TRADE MARK DEPARTMENT

3. Income Tax Act, 1961

4. Charitable and Religious Trusts Act, 1920

5. Religious Endowments Act, 1863

6. Charitable Endowments Act, 1890

7. Public Trusts Acts of various states

8. Societies Registration Act, 1860

9. Section 25 of the Indian Companies Act, 1956

12. Trust established for charitable purposes

13. Benefit of public at large or a class of beneficiaries

17. Religious or charitable purposes

18. Registered with the CIT under Section 12 A

21. Income must be applied or accumulated in India

22. Trust income may be applied outside India to promote international causes

23. PROVISIONS IN THE INCOME TAX ACT, 1961 The Income Tax Act gives all categories equal treatment, in terms of exempting their income and granting 80G certificates, whereby donors to non-profit organizations may claim a rebate against donations made.

24. PROVISIONS IN THE INCOME TAX ACT, 1961 IMPACTING TRUSTS SECTION 2(15) Defines a charitable objective SECTION 10(23C) Provides exemption to educational, medical, charitable and public religious institutions, existing not for the purposes of profit. SECTION 11 - 13 Provides for tax treatment in case of charitable trusts SECTION 80 G Deals with deduction in respect of donations to certain funds, charitable institutions etc. SECTION 161 - 164 Deals with liability in special cases i.e. of representative assessee, which includes taxation of private discretionary trusts.

26. The Registrar of Societies (referred to in some states by different titles, including the Registrar of Joint Stock Companies), and

28. NO EXEMPTION UNDER SECTION 11

31. LEGAL COMPLIANCES

32. LEGAL COMPLIANCES

33. TAXABILITY OF PUBLIC TRUST AT A GLANCE

36. CASE STUDIES CIT Vs. Bar Council of Maharashtra (1981) 130 ITR (SC) The State Bar Council is a body constituted for general public utility since the advancement of any object beneficial to even a section of public as distinguished from an individuals would be an object of public utility and consequently a charitable purpose. CIT Vs. Jodhpur Chartered Accountants Society (2002) 258 ITR 548 (Raj.) Society of Chartered Accountants being engaged in activities of general public utility is a charitable trust. CIT Vs. St. George Forana Church (1988) 170 ITR 62 (Ker.) Rent derived from additions to trusts buildings is exempt from tax when rent was used for religious purposes.

37. CASE STUDIES CIT Vs. Ganesh Ram Laxminarayan Geol (1984) 147 ITR 468 (MP) It has been held that letting of Dharmashala’s, auditoriums, running of libraries, etc could not be considered as business activities and any income generated from such be considered as income from properties held under trust. It was held that letting out of dharmashala’s was an activity towards attainment of the objects of the organization and profit making was not the profit motive and therefore it could not be considered as business activity.

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