Liberal interpretation of investment by Trust

As many of us would be aware that a Trust’s income as per S. 11 is exempt if it obtains S. 12A exemption certificate. However this does not cover capital gain and Trust is subject to taxation on the same. Of course a Trust like anybody else can take benefit of the exemptions available under the Act.

In a recent case, a Trust had a capital gain on sale of an immovable property. To mitigate the same it invested in REC Bonds (Relief under S. 54EC). However the investment in the bonds was in the name of the Trustees and not the Trust. ITO as well as Commissioner disallowed this investment and charged tax on the full capital gain amount. However Ahmedabad Tribunal decided in the favour of the Trust, stating that more liberal meaning has to be taken as long as funds had been transferred from the bank account of the Trust, even if investment was in the name of the Trustees.

This decision could be useful for such trusts / societies who make such mistakes for one reason or other.

However one needs to be careful while liberally using this judgment, since the tax authorities could use S. 13 (2) for disallowing such exemption.

_____________________________ 
Socio Research & Reform Foundation
(A Non Government Organisation)

512 A, Deepshikha, 8 Rajendra Place,
New Delhi – 110008

Posted in FCRA, TAX, LEGAL | 1 Comment

Neo Natal Infant Mortality Rate major contributor to IMR

India’s Infant Mortality Rate (no. of children dying within one year of birth) has come down significantly to 44 per 1000 (compared to 63 in 2001). Major contributor, almost 70%, to IMR is neonatal mortality rate (NMR), i.e. children dying within 28 days of birth.

NMR stood at 37 for a long period during 2004-07, but in 2011 it has come down to 31 per 1000 live births. While Kerala has the lowest NMR of 7, while MP has the highest of 41, followed by UP, Orissa and Rajasthan. India’s dip in NMR of 6 percent stands out as the average Global rate of decline is only 1.6% in the last decade. However this decline is national average could not have been achieved unless the states mentioned above had not improved dramatically, since these constitute the largest number of children born.

The improvement is being attributed because of certain new initiatives undertaken under NRHM, which include setting up of special new-born care-units and new born-stabilisation units alongwith training of around 96000 persons in essential newborn care.

But as the figures indicate there is still long distance to be covered by most states to reach what Kerala achieved long time ago.

_____________________________ 
Socio Research & Reform Foundation
(A Non Government Organisation)
512 A, Deepshikha, 8 Rajendra Place,
New Delhi – 110008

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Time-bound service

CBDT has issued instructions to all Chief Commissioners and Director Generals of Income Tax that wherever applications are made for no TDS deduction or TDS deduction at a lower rate under S. 197, these must be disposed off within 30 days of receipt of such applications. This is in accordance with the Commitment made to citizens as per Citizen’s Charter.

It may be worthwhile to note some of the other relevant services covered in the Income Tax Citizen Charter and time-commitments.

Decision on application for grant of exemption or continuance thereof to institutions (University, School, Hospital etc.) under section 10(23C) of the I.T. Act 12 months
Decision on application for approval to a fund under section 10(23AAA) of the I.T. Act 3 months
Decision on application for registration of charitable or religious trust or institution 4 months
Decision on application for approval of hospitals in respect of medical treatment of prescribed diseases 3 months
Decision on application for grant of approval to institution or fund under section 80G(5)(vi) of the I.T. Act 4 months
Decision on application for no deduction of tax or deduction of tax at lower rate 1 month
Redressal of grievance 2 months
Decision on application for transfer of case from one charge to another 2 months

Several NGOs who may have filed such applications thus could follow-up with the concerned authorities regarding early resolution of their applications.

_____________________________ 
Socio Research & Reform Foundation
(A Non Government Organisation)
512 A, Deepshikha, 8 Rajendra Place,
New Delhi – 110008

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CENSUS Results for Delhi

As per Census 2011 Delhi’s population is 16.8 million (2001: 13.85 million). Male: 53.53%, Female 46.47%, children (0-6) 12%.

Total number of households 3.44 million (Urban 97.5% Rural : 2.5%).

It is the most densely populated city, with 11320 persons living per sq km (2001: 9340). North East district is the most dense district in the country (if not the world !) with 37,360 persons per sq km (2001: 29,468) with an increase of around 27% in the density over 10 year period. In stark contrast New Delhi population density is only 4057 per sq km.

Such high density obviously puts huge challenges for the administration, particularly when one considers the national average population density which is 382. Increase in population density has put Delhi’s Housing under strain, as an economic survey of Delhi shows that more than 50% of the households accommodate more than 5 persons in a household.

While per capita income of Delhi at Rs 2.01 lakh per annum is almost three times the national average of Rs 68,747/-.

However despite a perception that large number of women work in capital, census finds that only 10.6% of total women population is working, compared to 53% of male population. Connaught Place has the highest female working population (25.3%) and lowest in Seelampur (only 5.2%).

Other major indicators for Delhi are as follows:

National Av. Delhi………
2011 2011 2001
Sex Ratio
Literacy rates
Male Literacy
Female Literacy
960
72.9%
80.9%
64.6%
868*
86.2%
90.9%
80.7%
821
81.7%
87.3%
74.7%
*Though quite dismal when compared to national average, however this is first time that it has reached this level since 1901, when it was recorded at 862.

_____________________________ 
Socio Research & Reform Foundation
(A Non Government Organisation)
512 A, Deepshikha, 8 Rajendra Place,
New Delhi – 110008

Posted in General | 5 Comments

Financial inclusion – making progress but still miles to go

Crisil, the rating agency has developed a financial inclusion index for India’s districts. The Index is called INCLUSIX. It is a ready reckoner on how the states and the districts have performed on financial inclusion. It measures achievements on basically three criteria.

  • BRANCH PENETRATION: This is measured through number of bank branches per lakh of population. Target is that there is a full service access point within 15 minutes walking distance of every household. Present status 89% in urban districts and only 3% in rural districts. (measured at district level)

  • CREDIT PENETRATION: This is measured on account of three factors,

– loan penetration : number of loan accounts / lakh of population;

– credit access: number of small borrowers loan accounts per lakh;

– number of agriculture advances per lakh of population

Credit to GDP ratio to reach to 10% by 2016 (present status is 94% of urban districts and 30% of rural districts) and 50% by 2020 (present status is 18% in urban district and only 2% in rural districts).

  • DEPOSIT PENETRATION: Number of saving account per lakh of population. While target is that by end 2015 every adult Indian has an electronic bank account, presently it is only 36% (urban: 45%; rural: 32%)

The INCLUSIX index shows 587 of the 638 districts of the country have improved their performance in 2012 as compared to 2011.

 

State-wise Kerala has the highest score of 80.4% and ranks at the top among the states. Other included in top five states are Delhi 78.8%, Goa (74%), AP and Tamilnadu (each scoring 64.8%).

 

Kerala has 13 districts among top 50. While all four southern states are among the top 10 states, but from northern India only Himachal Pradesh and Punjab are in the top 10. Even Gujarat is ranked only 15th. Among 20 districts having more than 30% Muslim population, 14 have fallen behind.

 

Right to Education is creating its own problems. As the Govt’s sustained campaign to enhance attendance in schools is bringing over 90% of children to schools, predictably it is also creating infrastructural problems. At primary level currently there are 5.23 lakh of vacancies. This would almost double, i.e. another 5.1 lakh vacancies, if the Govt decides to implement the RTE norm of 30 students per teacher.

 

Not only this the standard of teachers currently employed are not as per norms set out. Presently 7.74 lakh teachers do not have necessary qualification or training. In fact present criteria for qualification for primary teachers is having passed Teachers’ Eligibility Test. To be eligible to sit for this examination, one needs to have passed XIIth examination and undertaken a 2 year diploma in Teachers’ education, however most states are finding it extremely difficult to get teachers with such qualifications. In fact WB Govt appoints teachers with Xth pass (Refer earlier blog post on SRRF Dialogue http://blog.srr-foundation.org/?p=424 ).

 

The problem is not limited to primary level, at secondary level, Rashtriya Madhyamik Shiksha Abhiyan requires 1.79 lakh new teachers for English, Mathematics and science. The problem is getting further accentuated since the institutes providing Teachers’ Training has capacities of less than 30,000 per annum.

 

The issue is not just limited to shortage of teachers, there are constraints of space, several states are allowing schools to add floors to present buildings of schools. Refer earlier post on SRRF Dialogue on this subject http://blog.srr-foundation.org/?p=501 .

 

Let us all recognize that Govts (both at central level as well as at state levels), education authorities, school administrations are all facing huge challenges in complying with RTE, let all of us work together to ensure that future generations of India are not only literate but well educated.

________________________________       
Socio Research & Reform Foundation
(A Non Government Organisation)
512 A, Deepshikha, 8 Rajendra Place,
New Delhi – 110008

Posted in Social Issues | 1 Comment

Introspection

Dear Friends,

We all started as Voluntary Organisation and are Registered as Public Society or Trust, as the case may be. We got NGOised in the recent three decades- thanks to World Bank.

It is true that most of US are doing very good work but all are not well. There were days when we prided as patriotic citizens working in Voluntary Organisations and our communities were very respectful to us.

But, by a wrong interpretation of professionalism we have become akin to corporate companies. Many of US are managing NGOs are lucrative Business literally evading TAXES though we are nothing different from TATAS and BIRLAS paying Huge Taxes.

We need in this context to introspect and talking of LEGAL details make mockery of the GENESIS of the growth of our SECTOR.

Shall we dwelve on the ethical practices we should follow that we are not following or unable to follow. Is it not true most in these years are preparing Statements of Accounts and getting it signed by the AUDITORS without a proper and regular AUDIT.

Let us look inwards and STOP PLAYING WITH LEGAL INTRICACIES TO HIDE OUR STINK.

Regards,
V.B.Chandrasekaran
Chatti Mahatma Gandhi Aashramam
Chatti Post, Chinthur Mandal
Khammam District, Andhra Pradesh
Pin Code: 507129

Posted in General | 11 Comments

Use of FC funds for radio stations

Dear Members,

Request you to kindly enlighten me on whether radio stations can avail FC funds?  Also can FC funds be used to open and operate FM/Radio i stations by NGOs?

Your prompt reply will be highly appreciated.

Regards

Raphael Fernandes

Posted in FCRA, TAX, LEGAL | 1 Comment

Relief by courts against cancellation of S.12 A and S.80(G)

Cancellation of S.12 A registration

As tax authorities are more and more resorting to cancellation of charitable status of Trusts, a Punjab High Court decision would come as a relief.

As per the decision, Income Tax authorities must record findings in writing that a Charitable Trust is either not undertaking its activities in accordance with its objects or the activities stated are not genuine, before issuing an order for its cancellation of S. 12A registration.

This is a pre-condition before cancellation of the registration, since the Trust originally is registered under S. 12A after due consideration of its activities.

[Case CIT, Ludhiana vs Ved Niketan Dham, Public Chaitable Trust, (2013)]  

Denial of S.80(G) Relief
In another case, Delhi High Court rejected an appeal by tax authorities for denying S.80G relief to a charitable trust.

The tax authorities argued before High Court that the charitable trust did not maintain regular accounts as required under S. 80G (5) (iv). However the Court rejected appeal by the tax authorities on the ground that Director IT (Exemptions) order only talked of minimal level of activities undertaken by the Trust and did not elaborate on non-maintenance of accounts. Hence the Tribunal Order setting the same aside was valid.
[Case Director Income Tax vs Neel Gagan Charitable Trust, (2013)]  

From the above two decisions it is clear that order issued by the Tax authorities must be read very carefully. It is essential that order complies with all requirements of the legislation  to be legally compliant.

________________________________       
Socio Research & Reform Foundation
(A Non Government Organisation)
512 A, Deepshikha, 8 Rajendra Place,
New Delhi – 110008

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Clarification on Advance FC funds to the staff

Dear Friends,
Greetings from Hyderabad!

I am writing this mail to seek clarification on the issue of advancing FC funds to the staff of the organization. These advances could be in the form of salary advance, travel advance, program advance or any other advance required for the smooth functioning of the project.

1.       Will this amount to mixing of NFC and FC funds?
2.       If yes, what is the recourse?

Looking forward to hear from you on the issue.

Thanks and regards,

Soma Sastry

Posted in FCRA, TAX, LEGAL | 1 Comment

NSSO 69th Survey Results

NSSO has recently come out with its 69th Survey reports. Overall results indicate better picture than the last time round.

A few Key results :

  • Urban slums have come down significantly – by almost 32% (from 49000 in 2009 to 33,510 in 2012). States mainly having these slums are –  Maharashtra accounts for the largest number of slums (23%), Andhra (13.5%), West Bengal (12%).
  • While almost 71% of households earlier residing in slums / squatters have moved out, still currently 88 lakh families continue to live in slums, which constitutes almost 11% of all household living in urban areas.

Rural

Urban

  • Households having access to toilets

40%

91%

2009:

35%

89%

  • Households having access to bathrooms

38%

83%

  • Access to electricity

80%

98%

______________________________________       
Socio Research & Reform Foundation (NGO)
512 A, Deepshikha, 8 Rajendra Place,
New Delhi – 110008

Posted in General | 4 Comments