Interpretation - Section 355( New)
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.... section 355(b), read with section 354 Second proviso to section 80G(5) The 2025 Act specifically defines 'approval' for the purposes of Part XVII with reference to the approval under section 80G(5) of the 1961 Act and section 354 of the 2025 Act. This provides statutory clarity on the meaning and scope of 'approval' in the context of registered non-profit organisations. 3 Cancellation Chapter XVII, section 355(c) No separate corresponding definition New statutory definition. The 2025 Act expressly provides that "cancellation" includes "withdrawal". This removes ambiguity between cancellation and withdrawal of registration/approval and provides a uniform expression for the provisions dealing with lo....
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....cribed a registration framework under sections 12A/12AB. 8 Related person Chapter XVII, section 355(h)(i)-(vi) Section 13(3), Section 245K The definition is substantially aligned with the related-person framework under section 13(3), but reorganised and modified for the new regime. It covers the author/founder, specified substantial contributors, members of an HUF, trustees/managers, their specified relatives and concerns in which such persons have substantial interest. The contribution thresholds of Rs.1 lakh during the relevant tax year and Rs.10 lakh in aggregate are expressly incorporated. 9 Relative Chapter XVII, section 355(i) Section 2(41), read with section 13(3) and section 13(3....
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.... The 2025 Act gives a specific and broader Part-level definition: any person registered under a specified provision at any time since incorporation or creation. This is important because the definition focuses on the historical fact of registration and is not restricted merely to an entity presently holding valid registration. 13 Specified provision Chapter XVII, section 355(m) Sections 10(23C), 12A, 12AA and 12AB The 2025 Act consolidates the provisions governing registration into one defined expression. 14 Substantial interest Chapter XVII, section 355(n)(i)-(ii) Section 13(3), Explanation to section 13; section 40A(2) framework No Material Change. The 20% threshold remains....
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