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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

1 month 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

1 month ago

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Consult Top Income Tax Lawyers in India

Pavan  kumar Gudipati

Pavan kumar Gudipati

Advocate
Exp
Hyderabad , Telangana

Specialization

  • Tax-Income Tax
  • Civil
  • Cheque Bounce
  • Commercial
  • Administrative Law
I am willing to take up cases at the High Court of Telangana, Company Law ( NCLT), Cheque Bounce cases, Mutual Divorce cases, DRT, IBC. I am willing to take up cases in Hyderabad in any Tribunal / Court. I am a Fresher and willing to take up cases. Contact Time : 6pm to 9pm View Full Profile
Total Answers Given : 66
SUNDARAVADIVELU  VELU

SUNDARAVADIVELU VELU

Proprietor
Exp
Chennai , Tamil Nadu

Specialization

  • Tax-Income Tax
  • Civil
  • Partnership
  • Sale Of Goods
  • Trust And Society (NGO)
SPECIALISED IN DIRECT AND INDIRECT MATTER, CHEQUE BOUNCE CRIMINAL CASES, PROPERTY DOCUMENTATION View Full Profile
Total Answers Given : 10
KSSA  Law Firm

KSSA Law Firm

Advocate
Exp
South Delhi , Delhi

Specialization

  • Tax-Income Tax
  • Civil
  • Adoption
  • Partnership
  • Property
This a full-service firm, providing varied services inclusive of civil, taxation, commercial, corporate and writ litigation as well as general corporate and transactional services. We are Delhi based law firm having offices at Delhi, Jabalpur, Patna. View Full Profile
Total Answers Given : 1
A.G.SYAM  KUMAR

A.G.SYAM KUMAR

Advocate
Exp
Thiruvananthapuram , Kerala

Specialization

  • Tax-Income Tax
  • Advertising
  • Maternity
  • Sale
  • Software License
Md. Nasim  Akhtar

Md. Nasim Akhtar

Advocate
Exp
Ranchi , Jharkhand

Specialization

  • Tax-Income Tax
  • Civil
  • Documentation
  • Tax
  • Tax-GST
Welcome to Adv NASIM AKHTAR:- where we offer professional services to sort your legal issues in a personal manner with utmost integrity and legal efficiency. We offer you the right kind of advice with all if's n buts' related to all your legal issues before different Courts and Forums. We provide hi View Full Profile
SS Legal  Associate

SS Legal Associate

Tax Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Tax-Income Tax
  • Tax
  • Tax-GST
  • Industrial Laws
  • Employment And Labour
Income Tax Litigation, Insolvency Matters View Full Profile
SANTOSH K MANDAL

SANTOSH K MANDAL

self
Exp
Jaipur , Rajasthan

Specialization

  • Tax-Income Tax
  • Bankruptcy and Debt
  • Contracts and Agreements
  • Intellectual Property, Copyright, Patent, Trademar
  • Partnership
Advocate having exp. of more then seven years in Taxation and Corporate affairs View Full Profile
Shreedhar Ramesh Das

Shreedhar Ramesh Das

Advocate
Exp
Bagalkot , Karnataka

Specialization

  • Tax-Income Tax
  • Cheque Bounce
  • Debt And Lending Agreement
  • Election Campaign And Political Laws
  • Environment And Natural Resources
Practicing since 2004 View Full Profile
VIVEK  MISHRA

VIVEK MISHRA

Advocate
Exp
Allahabad , Uttar Pradesh

Specialization

  • Tax-Income Tax
  • Criminal
  • Banking
  • Cyber, Internet, Information Technology
  • Debt Collection
I am an Advocate practicing in Allahabad High Court,Supreme Court, Delhi High Court and Bombay High Court . View Full Profile
RAKTIM  PUJARI

RAKTIM PUJARI

ADVOCATE
Exp
Sundargarh , Orissa

Specialization

  • Tax-Income Tax
  • Banking
  • Cheque Bounce
  • Corporate and Incorporation
  • Consumer Protection
Self managed and dedicated professionals to provide legal services in a distinct and practical way. View Full Profile
Total Answers Given : 3
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  • What is Income Tax?
  • What are Income Tax Laws?
  • Why it is Necessary to pay Income Tax?
  • What is the penalty for not paying Income Tax?

What is Income Tax?


Income Tax refers to the tax collected by the central Government for each financial year on the total taxable income of an assesse earned during the previous year. As per Section 2(7) of the Act,

Assesse refers to-

  • Person liable to pay any tax or any other sum of money
  • Every person in respect of whom any proceeding under this act has been taken for the assessment of (1) his income or (2) the loss sustained by him or (3) the amount of refund due to him
  • Every person in respect of whom any proceeding has been taken under this act for the assessment of (1) the income of any other person in respect of which he is assessable or (2) the loss sustained by such other person or (3) the refund due to such other person
  • A person who is deemed to be an assesse under any provision of this Act.
  • A person who is deemed to be an assesse in default under any provisions of this act.

What are Income Tax Laws?


The Income Tax Act 1961 is the law in force in India. The framework of income tax is dependent on two primary things, the determination of the residential statue, and the calculation of the total income which would be inclusive of salary, income from capital gain, income from other sources, etc.

The prescribed method of assessing tax in India is the Slab system. The understanding of the term ‘income’ as per Section 2(24) is exhaustive not inclusive. Hence an illegal income, casual incomes, gifts (subject to certain conditions), etc. are taxable. Casual income refers to the kind of income which lacks the element of foreseeability, it’s an income that is not a portion of the regular income, for example, winning from horse races.

Necessity to pay Income Tax


For our country to move forward and allowing the Government of India to take initiatives for welfare of the countrymen. The Roads, Health Schemes and all other welfare schemes are taken up from the taxpayer’s support. Which benefits all.

Penalty for not paying Income Tax


Unpaid taxes are subject to their own charges. Even if a customer files his / her returns or extension by the 15th of April but fail to pay the money they owe in the same month, a non-payment penalty equal to 0.5% of the due tax will be levied. Similar to a non-filing penalty, a non-payment penalty is also calculated for each month, or parts of the month in which your tax bill remains unpaid. Again, like the non-filing penalty, this penalty can accrue until it hits 25% of the customer’s unpaid tax bill.

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