Tax on accreted income.
(1)
Notwithstanding anything contained in this Act, where in any previous year, a trust or institution registered [under section 12AA or section 12AB] has—(a)
converted into any form which is not eligible for grant of registration 68[under section 12AA or section 12AB] ;(b)
merged with any entity other than an entity which is a trust or institution having objects similar to it and registered 68[under section 12AA or section 12AB] ; or(c)
failed to transfer upon dissolution all its assets to any other trust or institution registered 68[under section 12AA or section 12AB] or to any fund or institution or trust or any university or other educational institution or any hospital or other medical institution referred to in sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause (23C) of section 10, within a period of twelve months from the end of the month in which the dissolution takes place,(2)
The accreted income for the purposes of sub-section (1) means the amount by which the aggregate fair market value of the total assets of the trust or the institution, as on the specified date, exceeds the total liability of such trust or institution computed in accordance with the method of valuation as may be prescribed69:Provided that so much of the accreted income as is attributable to the following asset and liability, if any, related to such asset shall be ignored for the purposes of sub-section (1), namely:—(i)
any asset which is established to have been directly acquired by the trust or institution out of its income of the nature referred to in clause (1) of section 10;(ii)
any asset acquired by the trust or institution during the period beginning from the date of its creation or establishment and ending on the date from which the registration 68[under section 12AA or section 12AB] became effective, if the trust or institution has not been allowed any benefit of sections 11 and 12 during the said period:(3)
For the purposes of sub-section (1), a trust or an institution shall be deemed to have been converted into any form not eligible for registration [under section 12AA or section 12AB] in a previous year, if,—(i)
the registration granted to it [under section 12AA or section 12AB] has been cancelled; or(ii)
it has adopted or undertaken modification of its objects which do not conform to the conditions of registration and it,—(a)
has not applied for fresh registration [under section 12AA or section 12AB] in the said previous year; or(b)
has filed application for fresh registration [under section 12AA or section 12AB] but the said application has been rejected.(4)
Notwithstanding that no income-tax is payable by a [trust or the institution] on its total income computed in accordance with the provisions of this Act, the tax on the accreted income under sub-section (1) shall be payable by such [trust or the institution].(5)
The principal officer or the trustee of the [trust or the institution], as the case may be, and the [trust or the institution] shall also be liable to pay the tax on accreted income to the credit of the Central Government within fourteen days from,—(i)
the date on which,—(a)
the period for filing appeal under section 253 against the order cancelling the registration expires and no appeal has been filed by the [trust or the institution]; or(b)
the order in any appeal, confirming the cancellation of the registration, is received by the [trust or institution],(ii)
the end of the previous year in a case referred to in sub-clause (a) of clause (ii) of sub-section (3);(iii)
the date on which,—(iv)
the date of merger in a case referred to in clause (b) of sub-section (1);(v)
the date on which the period of twelve months referred to in clause (c) of sub-section (1) expires.(6)
The tax on the accreted income by the [trust or the institution] shall be treated as the final payment of tax in respect of the said income and no further credit therefor shall be claimed by the [trust or the institution] or by any other person in respect of the amount of tax so paid.(7)
No deduction under any other provision of this Act shall be allowed to the [trust or the institution] or any other person in respect of the income which has been charged to tax under sub-section (1) or the tax thereon.Explanation.—For the purposes of this section,—(i)
"date of conversion" means,—(a)
the date of the order cancelling the registration [under section 12AA or section 12AB [, or approval under sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause (23C) of section 10]], in a case referred to in clause (i) of sub-section (3); or(b)
the date of adoption or modification of any object, in a case referred to in clause (ii) of sub-section (3);(ii)
"specified date" means,—(c)
the date of dissolution in a case falling under clause (c) of sub-section (1);(iia)
"specified person" means—(iii)
registration [under section 12AA or section 12AB] shall include any registration obtained under section 12A as it stood before its amendment by the Finance (No. 2) Act, 1996 (33 of 1996).Disclaimer: This section is reproduced for general informational and reference purposes only. Always verify against the latest official gazette and consult a qualified advocate before relying on any provision.