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How is an NGO, a Trust and a Foundation Different?

From a legal standpoint, there is hardly any difference. An NGO or a Foundation cannot be registered. The legal viewpoint is that an NGO has one of three entities; its either a Public Trust or a Society or a not-for-profit organization or foundation. Under the Income Tax Act, all 3 entities are tax-exempt entities.Both trust and society alike are two types of a non-profit or non-government organization in India. Therefore if anyone intends on doing social work and for this purpose needs a legal entity, then either a trust or a society can be registered. One can also register a company under section 25 but in most cases, a registered is a norm or society for benevolent work.Trust is a comparatively simpler entity and can be easily registered and operated. Such organizations are fundamentally rooted in trust. Donations are purely based on trust that the donated funds would be fully utilized to serve the purpose mentioned in one’s trust deed. Trustees do not owe any explanation to anyone other than the Charity Commissioner and the applicable laws. Any tax breaks u/s 80g and 12a can be revoked if trustees do not abide by the rules, laws, and regulations of the Income Tax department. Analyzing NGO Registration people seem to think that even with lack of funds if NGO registration is done then their goals and objectives can be attained. Truth is as quickly as some NGOs are being registered they are also winding up quickly or even leaving it in the middle. If NGOs are registered with the intention or mindset of obtaining external grants and donations then such NGOs would not be sustainable in the long run. A company donating a chunk of funds to charity on a regular basis, then in such cases an NGO can be registered with enhanced sustainability planning.  In India, there are many registered NGOs only on paper and only about a little over half of NGOs are actually working for the betterment of society. NGOs can be formed in no time at all. However, when project funds from local government schemes or contributions from foreign countries are on hold indefinitely then the entire NGO comes to a screeching halt. Rather than looking for easier options for forming an NGO, for NGO registration its imperative to analyze the actual requirement and the strength to form, manage and maintain such NGO is far more important.Call 7604047601 for consultation with a registered expert Trust and Society NGO lawyers on Vidhikarya.

Posted By

Avik Chakravorty

4 weeks ago

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Why is RTI Amendment Bill So Controversial?

Although the Lok Sabha has passed and ratified The Right to Information Amendment Bill 2019 the Opposition is dead against it. Invectives like ‘dangerous’ and ‘dark day for democracy’ have been hurled against the bill. Changes have been suggested in regard to the terms and conditions of appointment of information commissioners at the center and state levels. The three provisions of the RTI amendment bill have been challenged by the members of Opposition in Parliament and by protesters in the field.Nonetheless, prior to going forward, the basic things that the RTI Act of 2005 does is based on the existing law which says that the public authorities are required to disclose on·        their organization, functions, and structure·        rights and duties of its officers and employees·        financial dataIf the public authorities do not provide the required information of their own volition, then, in that case, its citizen’s right to demand it from them based on the RTI Act. "Public authorities" refer to ministers and government servants among others.The head of the central information commission is the chief information commissioner and other information commissioners appointed by none other than the President representing the Central Government for a fixed term of five years with the salary of the chief election commissioner’s, as well as the election commissioner's salary respectively. The intent and purpose of this initiative were granting autonomous powers to the central information commission as well as provide protection from government surveillance. The amendments ` ` ` `The RTI amendment bill of 2019, excludes the five years tenure of the chief information commissioners and the information commissioners. The payouts on account of salary have been revised. Separate notifications will be sent by the government to both. Politically, what this means is that the government can and will pose a threat or entice the chief information commissioner and information commissioners with random removal or extension and curtailment or increase in salary depending upon their suitability for the ruling dispensation.Call 7604047601 for consultation with a registered expert right to information lawyer on Vidhikarya.

Posted By

Avik Chakravorty

4 weeks ago

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Consult Top Customs Excise Lawyers in India

parangat  PANDEY

parangat PANDEY

lawyer
Exp
South Delhi , Delhi

Specialization

  • Customs, Excise
  • Civil
  • Arbitration And Mediation
  • Adoption
  • Aviation
very sincere and also updated about the latest cases--client is the king for me View Full Profile
Total Answers Given : 7
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Customs, Excise
  • Civil
  • Criminal
  • Cheque Bounce
  • Domestic Violence
Advocate Harish Kaushik has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired over 8 years of professional experience in providing legal consultancy and advisory services. View Full Profile
ANANT  SHARMA

ANANT SHARMA

Advocate & Managing Partner
Exp
New Delhi , Delhi

Specialization

  • Customs, Excise
  • Criminal
  • IT Contracts
  • Media, Communication, Entertainment
  • Partnership
Having more than 8+ years of experience in the legal field in hard core Litigation and Court practice with the track record of 100% success in my work. Legal Advice Given: 1,500+, Cases Fought: 350+, Court Appearances: 1,000+ I am focused only on one thing "Winning the Case". View Full Profile
Dipankar  Majumdar

Dipankar Majumdar

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Customs, Excise
  • Tax-GST
  • Sale
  • Tax-Sales Tax
  • Tax-Service Tax
I am an advocate practicing in Kolkata on civil as well as criminal side before High Court, Tribunals as well as District & Sessions Courts. I have specialization and deep experience in Indirect Taxes (GST, Customs, VAT, Excise, Entry Tax, etc.) and allied civil commercial laws. View Full Profile
A.G.SYAM  KUMAR

A.G.SYAM KUMAR

Advocate
Exp
Thiruvananthapuram , Kerala

Specialization

  • Customs, Excise
  • Advertising
  • Maternity
  • Sale
  • Software License
Advocate Manish  Kumar

Advocate Manish Kumar

Advocate
Exp
South Delhi , Delhi

Specialization

  • Customs, Excise
  • Civil
  • Cyber, Internet, Information Technology
  • Debt Collection
  • Documentation
Advocate Manish Kumar has been practicing judiciously and serving the legal fraternity in Delhi High Court for more than 11 years. I am professionally dealing with cases in the field of law pertaining to civil, Criminal, company matter, contract law, property matter Arbitration Family litigation in View Full Profile
Total Answers Given : 2
SS Legal  Associate

SS Legal Associate

Tax Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Customs, Excise
  • Tax
  • Tax-Income Tax
  • Tax-GST
  • Industrial Laws
Income Tax Litigation, Insolvency Matters View Full Profile
Karnish  Gupta

Karnish Gupta

PARTNER
Exp
Ludhiana , Punjab

Specialization

  • Customs, Excise
  • Criminal
  • Administrative Law
  • Adoption
  • Animal Laws
I AM DRIVEN BY MY DESIRE FOR SUCCESS AND THAT I WORK IN HAND WITH THE CLIENT AS THE CLIENT IS ALWAYS IN TRACK WITH THE CASE I AM A WORKAHOLIC BY NATURE AND STOP AT NOTHING View Full Profile
Pawan  Sharma

Pawan Sharma

Advocate
Exp
South Delhi , Delhi

Specialization

  • Customs, Excise
  • Criminal
  • Military Laws
Economic Offences, Criminal and Civil matters, and commercial matters is my core competence apart from legal issues of varied nature. View Full Profile
Sunil  Jain

Sunil Jain

Lawyer
Exp
Ghaziabad , Uttar Pradesh

Specialization

  • Customs, Excise
  • Criminal
  • Bankruptcy And Debt
  • Contracts And Agreements
  • Documentation
I am a criminal lawyer by profession based in Ghaziabad with appearance before all Courts and Tribunals in Delhi / NCR including Allahabad High Court and adjoining Districts of Western Uttar Pradesh like Meerut Moradabad Bulandshahr Muzzafarnagar Hapur Noida. View Full Profile
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  • What is custom and excise law?
  • What is the governing act for customs and excise in India?
  • What is rate of duty on various category of goods?
  • What is period for filing returns by assessee?
  • Who is liable to pay central excise duty?

Custom duties are a source of revenue in India. They are a type of tax, and the governing law for Customs is the Customs Act, 1962.

As per Section 12 of the Customs Act 1962, charges are applied on the imported/exported goods (known as custom duties). The rates of these charges are spoken of in the Customs Tariff Act, 1975. The Union Government can exempt certain goods from the purview of custom duties on the conditions which the Union government deems fit.

As per the Customs Act 1962, a hierarchy of authorities exists for the purposes of adjudicating disputes which can arise between the customs authorities & the exporters/importers. In the 1st instance the adjudication is taken up before officers of the rank of Assistant Commissioner or Joint Commissioner or Additional Commissioner. In specific conditions debate might be arbitrated by a Commissioner. Either party (the assessee and additionally the traditions expert) distressed by a request go by an Assistant Commissioner or Joint Commissioner or Additional Commissioner may document in offer before the investigative specialist known as the Commissioner of Customs (Appeals). A moment claim lies before the Customs Excise and Service Tax Appellate Tribunal. In any case, if in the principal occurrence the question is settled by an officer of the rank of Commissioner, an interest would likewise mislead the Customs Excise and Service Tax Appellate Tribunal. Against requests of the Customs Excise and Service Tax Appellate Tribunal two surges of advances are examined. On the off chance that the issue identifies with either the characterization or valuation of products, an interest deceives the Supreme Court of India. In different cases an interest misleads the jurisdictional High Court. In any case, such an interest to the High Court would just lie if the interest includes a considerable inquiry of law.

Excise taxes unlike customs duties are charges on goods that have been produced within a country. The governing laws for matters concerning excise duties are Central Excise Act 1994, Central Excise Tariff Act 1985, and Central Excise Rules 1944.

Central Excise Act 1994 is the basic law related to the levy and collection of duties of central excise. However this Act does not contain the rate at which duties are imposed. Central Excise Tariff Act 1985 classifies various goods on which central excise duties are levied and prescribes the rates at which the duty is payable.

Central Excise Rules 1944 makes an obligation for all manufacturers of excisable goods to be registered under these rules. The registration is valid a long as production activity continues and no renewals are necessary.

Excise duty is not directly on the goods, but manufactured thereof. Though both excise duty and sales duty levied with reference to goods, the two are very different imposts. In one case, the imposition is on the act of manufactured or production, while in the other it is on the act of sale.

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