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Question ID : 44811

Corpus fund of trust/Society not registered under Income Tax Act

Corpus fund of trust/Society not registered under Income Tax Act. Whether taxable?

Posted by Sivaraman A.R. on Mar 01, 2025

Filed Under DIRECT TAXES

Answer ID : 85710

There are some judgments directing that corpus donation, being capital receipt is not taxable in the hands of unregistered trusts also. But all such judgments are issued before amendment made in section 11(1)(d). The judgments issued after this amendment such as judgment of ITAT Chennai in case of Ramsahaimal Sahuwala & Sons Charitable Trust Vs ACIT (ITAT Chennai) ITA No. 53 to 61/Chny/2023 held that corpus donation is income in the hands of unregistered trusts.

Posted by CA. chunauti dholakia on Mar 04, 2025