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enjoying exemption u/s 80G


D.T.RATHAVA

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Prasad GLN

To certain extent, as to the information filed by them before concerned IT officials, as mandated/stiulated in giving such exemption.

(Any activities of a trust according to me are in larger public interest, and Govt sacrificing tax on such income is also larger public interest. The tendency of several trusts is more conversion of Black money to white and one has to pin at that particular point)

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MANOJ B. PATEL

Information regarding assessment orders of charitable trust was not exempted under section 8(1)(e) of the Act. - Rajendra Vasantlal Shah v. Central Information Commissioner, New Delhi, AIR 2011 Guj 70.

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Prasad GLN

That is the reason a suggestion was made to the member, that Trusts may not be Public Authorities directly under ambit of RTI Act, and if assessment information is required there is an indirect way through ITO in larger public interest. The essence of the reply was depending on such information, he can have access that information which is available in assessment. We are not aware as to what information the member exactly requires from Trust .

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D.T.RATHAVA

[subclause d(i) and (ii) together mean any non-government organisations which are substantially owned, controlled or financed directly or indirectly by the government would be covered]

 

 

Trusts may indirectly getting financial benefit by the government

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jps50

Trusts enjoying benefit under Income Tax may not be under RTI. If you want information of a trust try through charity commissioner office under section 2f of RTI Act. You may refer my jps50 blog on private entities. Since there is problem with the system I am not in a position to provide link here.

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Prasad GLN

B u t Hon Manoj replied through following citation.

 

Information regarding assessment orders of charitable trust was not exempted under section 8(1)(e) of the Act. - Rajendra Vasantlal Shah v. Central Information Commissioner, New Delhi, AIR 2011 Guj 70

 

and precise reply was to post the query for more clarity on the issue

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D.T.RATHAVA
Information regarding assessment orders of charitable trust was not exempted under section 8(1)(e) of the Act. - Rajendra Vasantlal Shah v. Central Information Commissioner, New Delhi, AIR 2011 Guj 70.

 

hon /sir

if possible upload order

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Prasad GLN

This is the problem even with senior and well learned members. When a query is posted, others can learn as to how they can receive such information.

It is noticed that many members keep the query to themselves and seek citations/judgments.

The portal must spread awareness, and opportunity in learning things in a better way.

Hope members understand to post the query. In absence of query, it eats number of replies and pages of posts and at the end it becomes a damp squib wasting every one's time as replies are mostly guesses on some presumptions/probabilities and amounts to beating of the bush.

Hope suggestion is taken right earnest for helping members in learning process.

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Prasad GLN

Hon Manoj

Kindly construct a good blog on Trusts equipped with these two decisions, as these are common queries from many members. If you have any doubts, please send attachment to Shri JPS for his modification, correction, finalisation and sanction as he is moderator.

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D.T.RATHAVA

following all criteria fulfill by trust

 

2. Definitions._ In this Act, unless the context otherwise requires :

(h) "public authority" means any authority or

body or institution of self-government established or constituted—

(a) by or under the Constitution;

(b) by any other law made by Parliament;

© by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government, and includes any—

(i) body owned, controlled or substantially financed;

(ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government

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koteswararaonerella

EXEMPTION UNDER SEC 80-G is to the DONOR and not to the trust and this cannot amount to govt.extending any finacial benifit direcly/indirecly and thus the TRUST will not come under RTI

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