saju sathyadevan (na) 01 October 2016
Ms.Usha Kapoor (CEO) 02 October 2016
Dear Client,
As PER LATEST PROVISIONS O F IT Act sECTION 139(4)(c) If YOUR TOTAL INCOME NOT CHARGEABLE TO TAX EXCEEDS 1 LAKH RUPEES before cclaiming EXEMPTION UNDER SECTION 10 YOUR TOTAL annual turnover exceeeds 1 crore rupees al;though a major chunk of your income (85%) you apply for expenditure on educatrion ansd the balamnce on provi8ding medical releief or benefits to your 500 members before claiming exewmptiom under sectrion 10 your your total income not chargeable to tax exceeds 1 lakh rupees(after meeting you r expenditure on school and Medical expemnses for 500 mebers) you need to file ITR form 7 return to claim exemption .If you appreciate this answer please click thank you button on this forum..
saju sathyadevan (na) 02 October 2016
Ms. Usha Kapoor,
Thanks to know that I have to file ITR 7. But, my worrying question is whether the association can provide relief to its Members. Because after going through the act and other articles I came to know that out of the total income of the educational institution 85% and more has to be spend on the said institution itself and the balance has to be reserved in corpus fund itself to be spend for the institution in the coming years. Nowhere I had came across as to the amount can be spent for its members also. Please clarify.
Ms.Usha Kapoor (CEO) 02 October 2016
Yeah! As stated by you-you said 15 % income we'd like to spend for medical relief to our 500 members. But /According to the act providing medical releif for the poor, opening charitable Hospitals, and quality Instituions o fHelath cARE ETC AT LOW COST FOR POOR AND MIDDLE CLASS PEOPLE QUALIFY FOR T.AX SPOPS. sINCE 15% OF YOUR ANNUAL TURN OVER YOU SAID WOULD BE PROVIDING MEDICAL RELEIF TO YOUR OWN MEMBERS DO NOT QUlify for exemption. You get your accounts audited every year and also get registered under section12 AA for more tax sops and rebates. Then one time approval of 'chief Commssioner of CBDT would be enough to enjoy permanent eligibility for tax exemptions. If you appreciate this reply please cxlick the thank you button on this forum.. Your main objectis or principal object is education if other incidental objectives are there such as medical releif for the poor that also would qualify for tax exemption.
Ms.Usha Kapoor (CEO) 02 October 2016
Dear Client,
Please let me know who are your members? Are they educated with sufficientincome of there own? In which case you doo not qualify fo r tax rebaeor exemption. If they ARE UNDERPRIVILEGED MEMBERS OF THE SOCIETY, DOWNTRODDEN ETC WOULD QUALIFY FOR EXEMPTION..Anyway your annual turnoverexxceeds 1 crore rupees and hence you need to file form ITR 7.
regards,.