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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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HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Tax-Property Tax
  • 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

  • Tax-Property Tax
  • Criminal
  • Customs, Excise
  • IT Contracts
  • Media, Communication, Entertainment
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
NITIN  CHOPRA

NITIN CHOPRA

Practicing Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • Tax-Property Tax
  • Family
  • Employment and Labour
  • Arbitration and Mediation
  • Tax-Sales Tax
Advocate & Legal Consultant practicing in the Allahabad High Court, Central Administrative Tribunal. National Company Law Tribunal, CESTAT and Debt Recovery Tribunal. View Full Profile
Prahallad  Rana

Prahallad Rana

ADVOCATE
Exp
Thane , Maharashtra

Specialization

  • Tax-Property Tax
  • Civil
  • Family
  • Registration
  • Tax-GST
Adv. Rana & Associates in Vasai West. It is known to provide top service in the following categories: Lawyers, Lawyers For Criminal, Lawyers For Divorce Case, Lawyers For Property Case, Lawyers For Conveyancing, Lawyers For Dowry Case, Lawyers For NCLAT, Lawyers For Bankruptcy. View Full Profile
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Tax-Property Tax
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
Raghu  Rajegowda

Raghu Rajegowda

Advocate ( Lawyer)
Exp
Bangalore , Karnataka

Specialization

  • Tax-Property Tax
  • Civil
  • Criminal
  • Real Estate
  • Intellectual Property, Copyright, Patent, Trademar
Advocate Raghu Rajegowda has been practicing and handling cases independently with a result-oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. View Full Profile
Total Answers Given : 18
Ashish K Dongre

Ashish K Dongre

Advocate
Exp
Thane , Maharashtra

Specialization

  • Tax-Property Tax
  • Criminal
  • Divorce
  • Civil
  • Cheque Bounce
12 Years of qualitative experience in legal field, Represent clients in criminal and civil litigation and other legal proceedings, draw up legal documents, ,manage or advise clients on legal transactions, Specialization in Family law, divorce proceeding ,Property Matters etc.. View Full Profile
Total Answers Given : 347
Md. Nasim  Akhtar

Md. Nasim Akhtar

Advocate
Exp
Ranchi , Jharkhand

Specialization

  • Tax-Property 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
Shreedhar Ramesh Das

Shreedhar Ramesh Das

Advocate
Exp
Bagalkot , Karnataka

Specialization

  • Tax-Property Tax
  • Cheque Bounce
  • Debt And Lending Agreement
  • Election Campaign And Political Laws
  • Environment And Natural Resources
Practicing since 2004 View Full Profile
Asha  Bhuta

Asha Bhuta

LAWYER, PROPRIETOR, PARTNER, MEDIATOR
Exp
Mumbai City , Maharashtra

Specialization

  • Tax-Property Tax
  • Property
  • Arbitration and Mediation
  • Banking
  • Divorce
I AM AN ADVOCATE, ENROLLED WITH BOMBAY BAR ASSOCIATION SINCE 1993. I HAVE MY LAW FIRM BY THE NAME OF BHUTA & ASSOCIATES. I AND MY TEAM PRACTICE IN CIVIL LAW. WE SPECIALIZE IN PROPERTY, BANKING, CORPORATE, FAMILY AND MANY OTHER FIELDS OF LAW. INTEGRITY, SINCERETY AND DETERMINATION IS OUR MOTO. View Full Profile
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  • What is Property Tax?
  • Which Law Governs Property Tax?
  • What happens if I don’t pay property tax?
  • Where to appeal if the tax is abnormal?

What is Property Tax?


What is Property Tax? Property tax is a tax charged by the municipal experts for the upkeep of fundamental common civilities like streets, sewer framework, parks lighting, and so on. Property tax is generally exacted based on sensible rent at which the property may be, in the event that specific property isn't leased, the renting rate is estimated by the predominant rates in that locality.

Immovable property is inclusive of the improvements made on land along-with the land itself. Property tax is primarily tax on lands and buildings, however, it should not be confused with the tax paid on the basis of income from a property.

Some of the kinds of property that can be charged for property tax are-

  • Office Building
  • Factory Building
  • Flats
  • Shops
  • Godowns

As per Article 285 of the Constitution, properties belonging to the Union Government are exempt from payment of property taxes. The three major methods of calculation of property tax are the Annual Rental Value (ARV) or Rate-able Value, the Capital Value System (CVS), the Unit Area System (UAS).

What Happens if I don’t pay Property Tax?


The taxing authority could sell your home to satisfy the debt. (It might do this through a foreclosure process.) The taxing authority may sell the tax lien that it holds, and the purchaser may be able to foreclose.

Where to appeal if the tax is abnormal?


A process for appeal against the property tax assessments exists. All municipal acts have made a provision for appeal against the assessment mostly to a Committee or a specified authority. The next level of appeal is the District Judge, who is the final fact finding authority. There are differences amongst States in the constitution of appeal committees/authorities and subsequent appeals before the Civil Courts. In the case of Property Tax, the assessor determines the access able value of the property. The appeal process gives taxpayers the opportunity to challenge the assessable value, on the grounds of reasonableness, if they so wish.

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