Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: due date for vat payment :: form 3cd :: articles on VAT and GST in India :: VAT Audit :: VAT RATES :: empanelment :: ACCOUNTING STANDARD :: cpt :: ACCOUNTING STANDARDS :: TDS :: Central Excise rule to resale the machines to a new company :: list of goods taxed at 4% :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: ARTICLES ON INPUT TAX CREDIT IN VAT :: TAX RATES - GOODS TAXABLE @ 4%
 
 
« Indirect Tax »
 Income Tax department to issue ‘non-statutory’ letters in case of no reply
 E-commerce majors seek removal of tax at source on sellers
 New direct tax regime would benefit state
 Indirect tax collections increase by 16.9 per cent in January
 Tax officers to file self-appraisal report on e-assessment
 How are you saving tax this season? 10 funds saved tax & delivered 30% returns too
 Increase in taxpayer base will help bring down tax rate, says Arun Jaitley
 There is inconsistency in filing income tax, says CBDT Chairman
 Data analytics to help income tax dept catch evaders
 Tax officers to maintain digital records of summons, notices
 DIRECTOR OF INCOME TAX Vs. LUFTHANSA GERMAN AIRLINES

IT order to reveal finances to info seeker stayed
November, 05th 2011

An Income Tax Department's order, terming a religious Trust a "deemed public authority" for availing tax rebates and asking it to disclose its finances to a person under the transparency law, has been stayed by the Delhi High Court.

A single-judge bench of Justice Vipin Sanghi stayed the order of the in-house IT appellate authority, mandated to deal with appeals under the Right to Information Act, on a plea by Shri Sai Bhakta Samaj, a religious trust managing the popular Sai Baba Temple here at Lodhi Colony in South Delhi.

The trust had contended in its appeal against IT appellate authority's order that it is out of the purview of RTI Act as it is not a public authority as the tax exemption cannot be treated as government funding and even if it is treated so, it is not substantial for rendering it a public authority.

 
ZCZC PRI ECO ESPL LGL NAT .NEWDEL DES17 HC-SAIBABA IT order to reveal finances to info seeker stayed New Delhi: An Income Tax Department's order, terming a religious Trust a "deemed public authority" for availing tax rebates and asking it to disclose its finances to a person under the transparency law, has been stayed by the Delhi High Court.

A single-judge bench of Justice Vipin Sanghi stayed the order of the in-house IT appellate authority, mandated to deal with appeals under the Right to Information Act, on a plea by Shri Sai Bhakta Samaj, a religious trust managing the popular Sai Baba Temple here at Lodhi Colony in South Delhi.

The trust had contended in its appeal against IT appellate authority's order that it is out of the purview of RTI Act as it is not a public authority as the tax exemption cannot be treated as government funding and even if it is treated so, it is not substantial for rendering it a public authority.

Justice Sanghi also issued notices to information seeker S K Kapur, a founding member of the Trust and IT appellate authority under the RTI Act, Additional Director of Income Tax (Exemptions), seeking their replies to the Trust's plea. The trust had come to the high court challenging the August 18, 2011, order of Additional Director of Income Tax (Exemptions).

IT authority had directed the Trust to disclose its tax return, balance sheet and audit reports of financial years 2008-2009 and 2009-2010 saying the tax exemptions granted to it can be considered as indirect funding from the government

 
"Under section 2(h) of the RTI Act, 2005, a substantially funded agency by the government is deemed public authority. The financing of the fund may be direct or indirect.

"Since the society is claiming exemption under the Income Tax Act, it can be said the funds are indirectly being provided to the society to the extent of tax exemption claimed by the society," IT authority had said in its order.

 The appellate authority had passed the judgment on an appeal by Kapur against the order of Chief Information Officer, Income Tax Officer (Exemptions), who had refused the information holding that information sought pertains to a "third party" society.

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Software Reengineering Software Re-engineering Software Reverse Engineering Software Reverse Development Software Change Modulation Software Conversion Software Re-creation Software Re-development

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions