September 2025

Deduction of Brought Forward Losses & Unabsorbed Depreciation from Book Profits (Section 115JB)

Under Explanation 1(iii) to Section 115JB(2), companies can deduct the lower of: Brought forward losses(as per books), or Unabsorbed depreciation(as per books) from the net profit while computing book profit for MAT (Minimum Alternate Tax). 1. What Qualifies for Deduction? Only losses/depreciation recorded in the books(not as per Income Tax Act). Lossesmust be carried forward in the balance sheet. Unabsorbed depreciationmust be not adjusted in previous years. […]

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Furnishing of Accountant’s Report Under Section 115JB (4) & Rule 40B

Section 115JB(4) of the Income Tax Act, 1961, mandates that companies liable for Minimum Alternate Tax (MAT) must submit a Chartered Accountant (CA)-certified report in Form No. 29B. This report confirms the accuracy of book profit computation for MAT. Below are the key provisions: 1. When is the Report Required? All companies(including foreign companies with PE in India) liable for MAT must file Form 29B. Exemptions: Companies

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Special Provisions for Tax on Buyback of Shares (Sections 115QA to 115QC)

Under the Income Tax Act, 1961, Sections 115QA to 115QC impose a tax on distributed income when a domestic company buys back its own shares from shareholders. This provision was introduced to prevent tax avoidance through buyback schemes. 1. Applicability (Section 115QA) ✅ Applies to: Domestic unlisted companiesbuying back their own shares. Listed companiesif buyback is not through open market (i.e., tender offers). ❌ Does not

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Assessment of Trusts [Section 11 to 13]

A Charitable and Religious Trust is a type of non-profit organization that is formed for the purpose of providing social and charitable services to the community. Such trusts are typically established with the aim of promoting education, religion, health, poverty alleviation, or any other charitable purpose that benefits the public. The trust is managed by

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Which Income will be Exempt under Section 11

Here’s a detailed breakdown of incomes exempt under Section 11 of the Income Tax Act, 1961, for charitable and religious trusts, along with key conditions: 1. Income from Property Held for Charitable/Religious Purposes Exempt income: Rent, interest, dividends, or any other revenue generated from property (immovable or investments) held under trust for charitable/religious activities. Condition: Must be

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Conditions to be Satisfied for Claiming Exemption Under Section 11

To avail tax exemption under Section 11, a charitable or religious trust must satisfy the following mandatory conditions: 1. Registration Requirement (Section 12A/12AA/12AB) ✅ Must be registered with the Income Tax Department under: Section 12A(for existing trusts) Section 12AA(for new registrations) Section 12AB(provisional/final registration under Finance Act 2021) ❌ No exemption if unregistered. 2. Application of Income (85% Rule) ✅ Minimum 85% of income must

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Steps for Formation of a Charitable / Religious Trust in India

To establish a legally valid charitable or religious trust, follow these key steps under Indian law: 1. Define the Trust’s Purpose ✅ Charitable Trust: Must serve public benefit (education, healthcare, poverty relief, etc.) as per Section 2(15) of the Income Tax Act. ✅ Religious Trust: Must promote religious activities (temple/mosque/church maintenance, rituals, etc.). 📌 Note: Private trusts(for family benefits) do not qualify for tax exemptions. Political or commercial objectivesare not

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Draft Trust Deed for A Charitable and Religious Trust

This Trust Deed is made and executed on this [Date] day of [Month], [Year] at [Place] by: SETTLOR: Name: [Full Name] Father’s Name: [Name] Address: [Complete Address] PAN: [PAN Number] TRUSTEES: Name: [Trustee 1 Name] Address: [Complete Address] PAN: [PAN Number] Name: [Trustee 2 Name] Address: [Complete Address] PAN: [PAN Number] WITNESSES: Name: [Witness 1

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Registration Process for a Charitable & Religious Trust

To legally establish and operate a Charitable & Religious Trust in India, the following registrations are required: 1. Registration Under the Indian Trusts Act, 1882 (Optional but Recommended) Purpose: Legal recognition under civil law. Where to Register: Sub-Registrar’s Office(where the trust property is located). Documents Required: ✔ Trust Deed (original + photocopy) ✔ Proof of Identity (PAN, Aadhaar of Settlor & Trustees)

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Cancellation of Registration for Charitable & Religious Trusts

The registration of a charitable or religious trust under Sections 12A/12AA/12AB of the Income Tax Act, 1961, can be cancelled by the Commissioner of Income Tax (CIT) under specific circumstances. Below are the grounds, procedure, and consequences of cancellation: 1. Grounds for Cancellation of Registration The CIT may cancel registration if: (A)  Non-Genuine Activities (Section 12AA(3)) The trust’s activities are not genuine(e.g., fake charity, money laundering).

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