Income-tax Act, 2025 • Chapter XVII-B & III • Module 2

Assessment of Registered Non-Profit Organisations (RNPO), Political Parties & Special Entities

Comprehensive master guide for CA Final: Educational & Medical Institutions u/s 11 Schedule VII, Charitable Purpose definition u/s 2(21) with GPU proviso (*Ahmedabad Urban Development Authority*), Registration procedure u/s 332, Mandatory 85% Application Rule u/s 341, Form 9A & 10 accumulation, Anonymous Donations u/s 192 @ 30%, Exit Tax on Accreted Income u/s 352, Political Parties u/s 12, Electoral Trusts, Business Trusts (REIT / InvIT) u/s 223, Investment Funds (AIF I & II) u/s 224, Securitisation Trusts u/s 221, 16 ICAI Illustrations, and 8 Test Your Knowledge practical problems.

Trust Application
85% Rule
Sec 341 / 15% Free Accumulation
Exit Tax Rate
Sec 352 @ MMR
Accreted Income / 14 Days
Special Entities
REIT • InvIT • AIF
Sec 221 • 223 • 224 Pass-Through
Practical Question Bank
16 Ill + 8 TYK
100% ICAI Coverage

1 Chapter Overview & Statutory Architecture of Non-Profit & Special Entities

Statutory Framework under Income-tax Act, 2025 Chapter XVII-B • Chapter III • Chapter XII-F

Under the Income-tax Act, 2025, non-profit institutions and specialized pooling vehicles enjoy dedicated statutory regimes designed to promote philanthropy, education, healthcare, infrastructure financing, and capital formation:

RNPO (Charitable Trusts)
Chapter XVII-B (Sec 332 to 355): Registration, 85% mandatory application, 15% statutory accumulation, anonymous donations (30%), and Exit Tax u/s 352.
Educational & Medical
Section 11 read with Schedule VII: 100% exemption for Govt-financed institutions or institutions with aggregate annual receipts ≤ ₹5 Crore.
Political Parties
Section 12 read with Schedule VII: Exemption for voluntary contributions, house property, and capital gains subject to audit and banking donation rules.
Special Pooling Entities
Pass-through statutory architecture: Securitisation Trusts u/s 221, Business Trusts (REIT / InvIT) u/s 223, and Investment Funds (AIF I & II) u/s 224.

2 Exemption for Universities, Educational Institutions & Hospitals [Schedule VII]

Exemption under Section 11 read with Schedule VII [Legacy Section 10(23C)] Schedule VII Table: Sl. No. 17, 18, 19

Total income received by any university, educational institution, hospital or medical institution existing solely for educational or philanthropic purposes and not for purposes of profit is 100% exempt from income-tax under three distinct categories:

Category / Sl. No. in Schedule VII Nature of Eligible Institution Statutory Exemption Criteria
Table: Sl. No. 17
[Legacy 10(23C)(iiiab)]
Any university or other educational institution Wholly or substantially financed by the Government.
Government grant must be ≥ 50% of the total receipts (including voluntary contributions) of such institution in the relevant tax year.
Table: Sl. No. 18
[Legacy 10(23C)(iiiac)]
Any hospital or other medical institution Wholly or substantially financed by the Government.
Government grant must be ≥ 50% of total receipts.
Table: Sl. No. 19
[Legacy 10(23C)(iiiad)/(iiiae)]
Any university or educational institution, OR hospital or medical institution Aggregate annual receipts do not exceed ₹5 Crore.
₹5 Crore Monetary Ceiling:
• If an entity runs multiple educational institutions, the receipts of ALL such schools/colleges are aggregated!
• If an entity runs both an educational institution and a hospital, the aggregate receipts of both cannot exceed ₹5 Crore!
Consequence of Annual Receipts Exceeding ₹5 Crore: Where the aggregate annual receipts of an educational or medical institution exceed ₹5 Crore, the automatic exemption under Schedule VII (Sl. No. 19) ceases to apply. The institution must obtain registration under Section 332 as a Registered Non-Profit Organisation (RNPO) and comply with the mandatory 85% application rules under Chapter XVII-B.

3 Charitable Purpose Definition u/s 2(21) & The Commercial GPU Proviso

The Seven Statutory Limbs of ‘Charitable Purpose’ [Section 2(21) / Legacy 2(15)] Section 2(21)

Under Section 2(21), ‘charitable purpose’ includes:

1. Relief of the Poor: Destitution, housing, food, and clothes for underprivileged.
2. Education: Systematic schooling, college, or university instruction (*Loka Shikshana Trust*).
3. Yoga: Promotion and training in authentic yogic science.
4. Medical Relief: Hospitals, clinics, healthcare camps, and medicines.
5. Preservation of Environment: Watersheds, forests, wildlife, and eco-systems.
6. Preservation of Monuments: Historical monuments, artistic structures, and national relics.
7. Advancement of Any Other Object of General Public Utility (GPU): Residual category covering broader public welfare, subject to the strict commercial proviso below.
The 20% Commercial Receipt Ceiling for General Public Utility (GPU)
The advancement of any other object of general public utility shall NOT be a charitable purpose if it involves carrying on of any activity in the nature of trade, commerce, or business, or rendering any service in relation thereto for a cess or fee, UNLESS:
• Such commercial activity is undertaken in the course of actual carrying out of such advancement of GPU; AND
• The aggregate receipts from such commercial activities ≤ 20% of the TOTAL RECEIPTS of the trust in that Tax Year!
ACIT v. Ahmedabad Urban Development Authority (AUDA) [2022] 449 ITR 1 (SC) Landmark Supreme Court Ruling on GPU Proviso

Supreme Court Authoritative Principles:
1. Statutory Authorities: Urban development authorities, state planning boards, and regulatory bodies (AUDA, DDA, GIDC) that provide statutory services on cost-recovery basis or at nominal fees without a commercial profit motive remain charitable under GPU.
2. Trade Associations & Sports Bodies: Chambers of commerce and sports associations providing commercial sponsorships or advertisement services are engaged in trade/business and must strictly adhere to the 20% ceiling of total receipts to maintain charitable status.
3. Year-by-Year Evaluation: If commercial receipts exceed 20% in any tax year, the charitable status is lost only for that particular tax year; it is not permanently de-registered unless it constitutes a specified violation!

4 Section 332: Two-Tier Registration Framework for RNPO [Legacy Section 12AB]

Statutory Registration Architecture for Charitable Trusts Section 332 • Legacy Section 12AB

Under Section 332, obtaining a valid electronic registration from the Principal Commissioner / Commissioner of Income-tax (CIT) is a mandatory condition precedent for claiming exemption on trust income:

Feature Tier 1: Provisional Registration Tier 2: Full / Regular Registration
Applicability Newly established trusts or existing trusts applying for the first time before commencing activities. • Conversion from Provisional Registration.
• Renewal of existing Full Registration.
Period of Validity 3 Tax Years 5 Tax Years
Application Form Form No. 10A (Filed online) Form No. 10AB (Filed online)
Filing Timeline At least 1 month prior to the commencement of the tax year from which registration is sought. • From Provisional: At least 6 months prior to expiry of provisional, OR within 6 months of commencement of activities, whichever is EARLIER.
• Renewal: At least 6 months prior to expiry of 5-year period.
Inquiry by CIT No inquiry! Granted automatically within 1 month from the end of the month in which application is filed. CIT calls for documents, conducts inquiries into genuineness of activities, and passes written order within 6 months.
Section 351: Meaning of Specified Violations & Cancellation of Registration Section 351 • Legacy Section 12AB(4)

The Commissioner is empowered to cancel the registration of an RNPO after issuing a show-cause notice if the trust commits any ‘Specified Violation’:

1. Non-Charitable Application
Applying any part of the income from trust property for purposes other than the declared charitable or religious objects of the trust.
2. Non-Incidental Business
Carrying on a business which is not incidental to the attainment of trust objects, or failing to maintain separate books of account for such business u/s 338.
3. Commercial GPU Breach
Engaging in commercial trade/business under GPU where commercial receipts exceed the statutory 20% limit of total receipts.
4. Prohibited Person Benefits
Diverting or applying any income or asset directly or indirectly for the personal benefit of trustees, founders, or substantial contributors u/s 355 [13(3)].
5. Religious Caste Discrimination
Applying income for the benefit of any particular religious community or caste where the trust is created as a public charitable trust.
6. Non-Compliance with Other Laws
Failure to comply with any requirement under any other Central or State law (e.g. FCRA violations) where such non-compliance has attained finality.
Severe Consequences of Cancellation: Cancellation of registration not only terminates exemption under Section 341 but immediately triggers Exit Tax / Accreted Income Tax under Section 352 @ MMR (39%) on the net fair market value of all accumulated trust assets!

5 Section 341: Mandatory 85% Application Rule & Statutory Accumulation

The Mandatory 85% Application Architecture [Section 341 / Legacy Section 11(1)] Section 341(1)

Total income derived from property held under trust and voluntary contributions (other than corpus donations) is 100% exempt from income-tax, provided at least 85% of such income is applied for charitable or religious purposes in India during the relevant tax year:

The 85:15 Income Application Rule
Gross Receipts of Trust (Derived from Property + Non-Corpus Donations)
• Mandatory Application: Minimum 85% must be applied for charitable/religious purposes in India
• Statutory Accumulation: Up to 15% can be accumulated or set apart unconditionally without any departmental notice or permission!

Eligible Means of Application of Income:

  • Revenue Expenditure: Direct administrative expenses, salaries to doctors/teachers, relief supplies, medicines, books, and charitable program costs.
  • Capital Expenditure: Purchase of capital assets used for charitable purposes (construction of hospital, school building, diagnostic machinery, computers, library furniture) constitutes 100% valid application of income. (However, no depreciation under Section 33 can be claimed on assets whose cost has been claimed as application!).
  • Repayment of Debt / Loans: Repayment of loan or borrowing incurred for charitable purposes is treated as application of income ONLY in the tax year of actual repayment. (Expenditure incurred out of borrowed funds is not application in the year of borrowing!).
  • Inter-Trust Donations Restrictions: Contribution by one registered trust to another registered trust constitutes valid application ONLY if made out of current year's income. Corpus donations to other trusts are STRICTLY BANNED and cannot be claimed as application!
Deemed Application: Form No. 9A [Sec 341(5)]
If 85% could not be applied due to:
• Income not received during the tax year (apply in year of receipt or next year); OR
• For any other reason (apply in immediately following tax year).
Must file Form No. 9A electronically at least 2 months prior to Section 263(1) return due date!
5-Year Accumulation: Form No. 10 [Sec 342(1)]
Where 85% cannot be applied, income can be accumulated for a specified purpose for up to 5 Tax Years:
• State specific purpose and period of accumulation.
• Invest accumulated funds in Section 350 specified modes.
• Furnish Form No. 10 electronically at least 2 months prior to return due date.
Section 350: Permissible Modes of Investment for Trust Funds [Legacy Section 11(5)] Section 350 Mandatory Modes

All accumulated funds, corpus donations, and reserves of an RNPO must be held strictly in approved investments under Section 350:

• Government savings certificates & Post Office deposits
• Deposits with Scheduled Banks or Co-operative Banks
• Units of the Unit Trust of India (UTI)
• Central / State Government securities
• Debentures issued by public sector companies
• Immovable property (land and buildings)
Section 344: Capital Gains Reinvestment for Charitable Trusts [Legacy Section 11(1A)] Section 344 Formula

Where a capital asset held under trust is transferred, the capital gain is deemed to be applied for charitable purposes to the extent of reinvestment:

Capital Gains Application Formula
• Where Whole Net Consideration is Reinvested: The ENTIRE capital gain is deemed to have been applied for charitable purposes.
• Where Part of Net Consideration is Reinvested: Capital Gain deemed applied =
    Cost of New Asset − Cost of Transferred Asset (Restricted to Capital Gain)
Section 192: Taxation of Anonymous Donations @ 30% [Legacy Section 115BBC] Section 192 • Flat 30% Tax

An ‘anonymous donation’ is any voluntary contribution where the receiving trust maintains no record of the identity (name and address) of the donor. Taxability is determined under the statutory formula:

Section 192 Anonymous Donations Tax Formula
Tax Payable = 30% (+ surcharge + 4% HEC) on Anonymous Donations exceeding the HIGHER of:
• ₹1,00,000; OR
• 5% of the TOTAL DONATIONS received by the trust in that Tax Year
Religious Trusts Exemption: Anonymous donations received by wholly religious trusts (temples, mosques, churches, gurdwaras) are completely exempt from Section 192 tax! Section 192 applies only to wholly charitable trusts, or mixed charitable-religious trusts where donations are given specifically for a charitable institution run by them.
Commercial & Business Activities of RNPO [Section 338 / Legacy Section 11(4A)] Section 338

Exemption under Section 341 is NOT available in respect of profits and gains of business, UNLESS:

  1. The business is incidental to the attainment of the objectives of the trust; AND
  2. Separate books of account are maintained by such trust in respect of such business.
Section 355: Prohibited Persons & Unreasonable Benefits [Legacy Section 13(3)] Section 355 • Deemed Taxability

No part of trust income or property may be used or applied for the direct or indirect benefit of specified ‘prohibited persons’:

  • Author, founder, or settler of the trust.
  • Any person who has made a substantial contribution (≥ ₹50,000) to the trust.
  • Any trustee, manager, or governing body member.
  • Any relative of such founder, settler, trustee, manager, or substantial contributor (Spouse, brother, sister, lineal ascendant/descendant).
  • Any concern in which any of the above persons has a substantial interest (≥ 20% voting power or profit share).
Section 352: Exit Tax on Accreted Income [Legacy Chapter XII-EB: 115TD to 115TF] Section 352 • MMR @ 39% / 42.744%

To prevent charitable trusts from accumulating tax-exempt assets and subsequently converting into for-profit commercial entities, Section 352 levies a special Exit Tax on ‘Accreted Income’ upon the occurrence of any specified triggering event:

Triggering Event for Exit Tax Statutory Timeline & Measurement Date
1. Conversion into Non-Charitable Form
(Cancellation of registration or modification of objects not conforming to charitable purposes)
Date of cancellation order, or date of adoption of modified objects.
2. Merger with Ineligible Entity
(Merger with an entity which is not a registered RNPO)
Date of the order of merger or amalgamation.
3. Dissolution & Non-Transfer of Assets
(Dissolution of trust and failure to transfer all assets to another registered RNPO within 12 months)
Date of expiry of 12 months from the end of the month of dissolution.
Accreted Income & Exit Tax Formula
Accreted Income = Aggregate Fair Market Value (FMV) of Total Assets of Trust − Total Liabilities
• Exit Tax Payable = Accreted Income × Maximum Marginal Rate (MMR = 39.00% / 42.744%)
• Payment Window: Must be deposited within 14 days of the triggering date. Interest @ 1% per month u/s 353 for default!

6 Assessment of Private & Oral Trusts [Sections 304 & 308]

Representative Assessees & Discretionary Trusts [Section 304 / Legacy 161 & 164] Section 304

Under Section 303 and 304, a trustee of a private trust is assessed as a representative assessee. The tax treatment depends upon whether the individual shares of beneficiaries are determinate or indeterminate:

Classification of Private Trust Criteria / Factual Condition Statutory Tax Rate Applicable
Specific Trust (Determinate Shares) The beneficiaries are identifiable and their individual shares are expressly fixed in the trust deed. Taxed in like manner and to the same extent as it would be leviable upon and recoverable from the beneficiary.
Discretionary Trust (Indeterminate Shares) Individual shares of the beneficiaries are indeterminate or unknown. Maximum Marginal Rate (MMR = 39.00%) across the entirety of income!
Oral Trust [Section 308 / Legacy 164A] Any trust not declared by a duly executed written trust deed or will. Maximum Marginal Rate (MMR) unconditionally!

7 Taxation of Political Parties & Electoral Trusts [Section 12 & Schedule VII]

Complete Exemption Architecture for Political Parties [Legacy Section 13A] Section 12 read with Schedule VII

Total income of a political party registered with the Election Commission of India under Section 29A of the Representation of the People Act, 1951 is 100% EXEMPT from income-tax in respect of:

  • Voluntary contributions received from any person.
  • Income from house property (rental income from let-out premises).
  • Income from other sources (interest on deposits, dividends).
  • Capital gains on transfer of capital assets.
No Exemption for Business Profits: Profits and gains of business or profession earned by a political party are NOT exempt and are fully taxable!

Mandatory Conditions Precedent to Avail Exemption:

  1. Audited Books of Account: Maintains properly audited books of account and financial records audited by a Chartered Accountant.
  2. Record of Contributions > ₹20,000: Maintains a comprehensive record of each voluntary contribution exceeding ₹20,000 (including name, address, and PAN of the donor).
  3. Strict Cash Donation Prohibition: No donation of ₹2,000 or more can be accepted in cash! Any donation of ₹2,000 or above must be received solely by an account payee cheque, draft, ECS, or electoral bond.
  4. Timely Return Filing: Furnishes return of income on or before the due date specified under Section 263(1).

Electoral Trusts [Legacy Section 13B]:

An approved Electoral Trust enjoys 100% exemption on voluntary contributions received, provided it distributes at least 95% of aggregate contributions received during the tax year (plus 95% of unexpended balance from previous year) to recognized political parties via banking channels!

8 Securitisation Trusts & Pass-Through Architecture [Section 221 / Legacy 115TA–TC]

Pure Pass-Through Status for Securitisation Trusts Section 221 • Legacy Chapter XII-EA

Under Section 221, any income of a securitisation trust from the activity of securitisation is completely exempt from tax at the trust level. The trust functions as a transparent tax vehicle:

  • Investor Taxation: Income distributed by the securitisation trust is deemed to be of the same nature and proportion in the hands of the investor as if it were received by the investor directly.
  • TDS Obligation: The trust must deduct TDS under Section 194LBC upon distribution (25% for individuals/HUFs, 30% for domestic companies, 40% for foreign companies).

9 Taxation of Business Trusts (REIT & InvIT) [Section 223 / Legacy 115UA]

Special Taxation Regime for Real Estate & Infrastructure Investment Trusts Section 223 • Legacy Chapter XII-FA

A Business Trust registered under SEBI REIT/InvIT Regulations enjoys a special hybrid pass-through regime:

Income Stream Taxability in Hands of Business Trust Taxability in Hands of Unit-Holder
1. Interest from SPV EXEMPT u/s 11. TAXABLE at normal personal slab rates (5% TDS u/s 194LBA for non-residents).
2. Dividend from SPV EXEMPT u/s 11. • If SPV opted for Sec 200 (22%) → TAXABLE in unit-holder hands.
• If SPV did NOT opt for Sec 200 → EXEMPT in unit-holder hands!
3. Direct Rental Income (REIT) EXEMPT u/s 11. TAXABLE at normal applicable tax rates.
4. Capital Gains on SPV Shares Taxed at trust level: STCG u/s 196 (20%) / LTCG u/s 198 (12.5%). EXEMPT in hands of unit-holders.
5. Specified Sum / Loan Repayments [Sec 92(2)(l) / 56(2)(xii)] Exempt at trust level. TAXABLE under IFOS to the extent distributions exceed issue price of units.

10 Taxation of Investment Funds (AIF Category I & II) [Section 224 / Legacy 115UB]

Pass-Through Status for Alternative Investment Funds (AIF) Section 224 • Legacy Chapter XII-FB

Under Section 224, Alternative Investment Funds (AIF Category I and Category II) registered with SEBI enjoy a pass-through status for all non-business incomes:

  • Non-Business Income (Capital Gains, IFOS): Completely exempt at the fund level and taxed directly in the hands of the unit-holders/investors in the same character and proportion as if received by them directly.
  • Business Profits Exception: If the fund has business income, such business profits are TAXABLE AT THE FUND LEVEL at the applicable rate (30% for domestic company/LLP, 35% for foreign company, MMR for trust). Business profits are completely EXEMPT in the hands of unit-holders!
  • Loss Pass-Through Rule: Loss incurred by the fund (other than business loss) is passed through to investors, provided the investor has held the units for at least 12 months!

11 ICAI Study Material Illustrations (1 to 16) & Full Numerical Solutions

ICAI Illustration 1: Educational Institution & The ₹5 Crore Exemption Ceiling Schedule VII (Sl. No. 19)

Problem Statement: An educational institution having annual receipts of ₹3.80 Crore during the Tax Year 2026-27 has availed exemption under Schedule VII (Table: Sl. No. 19). The institution is solely engaged in imparting higher education and not for profit. Determine whether the exemption is legally valid.

Statutory Ruling

Under Section 11 read with Schedule VII (Table: Sl. No. 19) [legacy Section 10(23C)(iiiad)], any university or other educational institution existing solely for educational purposes and not for profit is completely exempt from income-tax if its aggregate annual receipts do not exceed ₹5 Crore.
• Since the annual receipts of the institution (₹3.80 Crore) are within the ₹5 Crore threshold, the institution is fully exempt from tax without requiring formal registration under Section 332!

ICAI Illustration 2: Multiple Philanthropic Institutions & Aggregation Rule Schedule VII ₹5 Cr Limit

Problem Statement: A not-for-profit trust undertakes philanthropic activities through an educational institution (annual receipts: ₹3.20 Crore) and a hospital (annual receipts: ₹2.40 Crore) during T.Y. 2026-27. Can the trust claim exemption under Schedule VII (Sl. No. 19)?

Statutory Solution

Under the statutory rules governing Schedule VII (Sl. No. 19), where an entity runs both an educational institution and a hospital, the aggregate annual receipts of ALL such institutions combined must not exceed ₹5 Crore.
• Here, Aggregate Receipts = ₹3.20 Crore + ₹2.40 Crore = ₹5.60 Crore (exceeds ₹5 Crore ceiling).
• Conclusion: Exemption under Schedule VII is inadmissible. To claim tax exemption, the trust MUST apply for and obtain registration under Section 332 as a Registered Non-Profit Organisation (RNPO) and comply with Section 341.

ICAI Illustration 3: Newly Formed Trust & Registration Timeline Section 332 [12AB]

Problem Statement: A public charitable trust commenced its activities of providing "relief to the poor" in the year 2024-25. It held a provisional registration under Section 332. When must it apply for regular registration?

Statutory Timeline

Under Section 332(1)(ac)(iii), a provisionally registered trust which has commenced its activities must apply for regular registration in Form No. 10AB at least 6 months prior to the expiry of the provisional registration, OR within 6 months of the commencement of its activities, whichever is EARLIER.

ICAI Illustration 4: Trust "Help All" - Grant of Provisional Registration Form 10A Timeline

Problem Statement: Help All, a charitable trust created on 01.04.2025, applied for registration under Section 332 on 28.02.2026. The Commissioner granted provisional registration on 25.03.2026. State the validity period of this provisional registration.

Statutory Ruling

Under Section 332(1)(c), provisional registration granted pursuant to an application in Form No. 10A is valid for a period of 3 Tax Years (from T.Y. 2026-27 to T.Y. 2028-29).

ICAI Illustration 5: Mandatory 85% Application & Corpus Exemption Section 341 [11(1)]

Problem Statement: VPS Foundation, a registered charitable trust u/s 332, received voluntary contributions of ₹25,00,000 (general non-corpus) and corpus donations of ₹15,00,000 (with written donor direction, invested in Section 350 specified modes). During T.Y. 2026-27, it applied ₹18,00,000 for charitable purposes. Compute taxable income and shortfall, if any.

Statutory Computation
Particulars Amount (₹)
Corpus Donations (Invested in Section 350 modes → 100% Exempt) Exempt
General Voluntary Contributions (Gross Income subject to Application) 25,00,000
Less: 15% Unconditional Statutory Accumulation u/s 341(1) (3,75,000)
MANDATORY APPLICATION REQUIRED (85% of ₹25,00,000) 21,25,000
Less: Actual Amount Applied for Charitable Objects (18,00,000)
SHORTFALL IN APPLICATION (Taxable unless Form 9A / Form 10 filed) 3,25,000
Remedial Options: The trust can avoid paying tax on ₹3,25,000 by exercising the option for Deemed Application under Form No. 9A (if income received late or not yet received) or Accumulation under Form No. 10 for up to 5 years, filed at least 2 months prior to return due date!
ICAI Illustration 6: Capital Asset Acquired from Loan & Debt Repayment Application Principles

Problem Statement: MSO Foundation acquires a building in July 2026 for ₹40 Lakhs for running a hotel management school. It financed the purchase by taking a bank loan of ₹30 Lakhs and using ₹10 Lakhs of internal funds. During T.Y. 2026-27, it repaid loan principal of ₹6 Lakhs. What is the allowable application of income for T.Y. 2026-27?

Statutory Ruling

Under Section 341:
1. Expenditure incurred out of borrowed funds/loans is NOT treated as application of income in the year of expenditure.
2. Repayment of loan is treated as application in the tax year in which repayment is actually made.
• Application from own funds = ₹10,00,000
• Application on loan repayment = ₹6,00,000
• Total Allowable Application for T.Y. 2026-27: ₹16,00,000.

ICAI Illustration 7: Accumulation under Form 10 & 5-Year Window Section 342(1)

Problem Statement: A registered charitable trust having unapplied income of ₹12 Lakhs furnishes electronic Form No. 10 on 31.08.2027 (return due date 31.10.2027) seeking permission to accumulate ₹12 Lakhs for 5 years for constructing an auditorium. The funds are invested in fixed deposits with SBI. Is the accumulation valid?

Statutory Ruling

Yes! All statutory requirements under Section 342(1) are fulfilled:
• Form No. 10 was filed at least 2 months prior to the Section 263(1) return due date (31.08.2027 vs 31.10.2027).
• A specific purpose (auditorium construction) and period (≤ 5 years) were stated.
• Funds were invested in Section 350 specified modes (SBI fixed deposits).
• Conclusion: The ₹12 Lakhs accumulated is completely exempt from tax for T.Y. 2026-27!

ICAI Illustration 8: Anonymous Donations across Trust Categories Section 192 [115BBC]

Problem Statement: For T.Y. 2026-27, determine the taxability of anonymous donations received by:
• Trust X (Wholly Religious): Anonymous donations of ₹20 Lakhs.
• Trust Y (Wholly Charitable): Total donations ₹60 Lakhs (including anonymous donations of ₹10 Lakhs).
• Trust Z (Mixed Charitable & Religious): Anonymous donations of ₹8 Lakhs received specifically for a medical dispensary run by it.

Statutory Solution
1. Trust X (Wholly Religious): Anonymous donations received by wholly religious trusts are completely EXEMPT from Section 192 tax! Tax payable = Nil.

2. Trust Y (Wholly Charitable):
• Total Donations = ₹60,00,000 | Anonymous Donations = ₹10,00,000
• Statutory Exemption Threshold = Higher of ₹1,00,000 OR 5% of Total Donations (5% of ₹60L = ₹3,00,000) → ₹3,00,000.
• Taxable Anonymous Donations u/s 192 = ₹10,00,000 − ₹3,00,000 = ₹7,00,000.
• Tax Payable @ 30% (+ 4% HEC) = 31.2% on ₹7,00,000 = ₹2,18,400.
• Balance ₹3,00,000 anonymous donations is subject to normal 85% application rules.

3. Trust Z (Mixed Trust): Since anonymous donations were received specifically for an educational/medical institution, Section 192 applies. Taxable under the standard formula.
ICAI Illustration 9: Failure to Apply Accumulated Income within 5 Years Deemed Income

Problem Statement: An RNPO accumulated ₹15 Lakhs in T.Y. 2021-22 for 5 years up to T.Y. 2026-27 under Section 342. By 31.03.2027, only ₹10 Lakhs was applied. In which tax year and to what extent is the unapplied amount taxable?

Statutory Ruling

Under Section 342(3), where income accumulated under Form 10 is not applied for the specified purpose within the 5-year period, the unapplied balance (₹5,00,000) is deemed to be the taxable income of the trust for the tax year immediately following the expiry of the 5-year period (i.e. Tax Year 2027-28)!

ICAI Illustration 10: Capital Gains Partial Reinvestment Calculation Section 344 [11(1A)]

Problem Statement: SR Trust sold a commercial plot for ₹50 Lakhs (net consideration; cost was ₹30 Lakhs → capital gain ₹20 Lakhs). It reinvested ₹42 Lakhs in purchasing a new building for its charitable school. Calculate the capital gain deemed applied and the taxable capital gain.

Statutory Computation
Under Section 344, where only part of the net consideration is reinvested:
• Capital Gain Deemed Applied = Cost of New Asset − Cost of Transferred Asset
• Deemed Applied = ₹42,00,000 − ₹30,00,000 = ₹12,00,000.
• Taxable Capital Gain = Total Capital Gain (₹20,00,000) − Deemed Applied (₹12,00,000) = ₹8,00,000.
(This ₹8,00,000 can still be exempt if covered under the 15% statutory accumulation or other general application!).
ICAI Illustration 11: Incidental Business Activity & Books of Account Section 338

Problem Statement: NSN, a charitable educational trust running a school, operates a stationery and uniform shop outside the school campus, earning a net profit of ₹4,00,000. It maintained separate books of account for the shop. Does this commercial activity endanger its registration?

Statutory Ruling

Under Section 338, carrying on a business by an RNPO is permitted if:
• The business is incidental to the attainment of the objectives of the trust (supplying books/uniforms is incidental to education); AND
• Separate books of account are maintained.
• Conclusion: The trust's registration is completely safe, and the profits applied for education remain exempt!

ICAI Illustration 12: General Public Utility (GPU) 20% Ceiling Breach AUDA SC Precedent

Problem Statement: An institution with the main object of "advancement of general public utility" received ₹120 Lakhs in total receipts during T.Y. 2026-27, which included ₹30 Lakhs from commercial trade exhibitions and stall rentals. Examine taxability.

Statutory Analysis

Under the proviso to Section 2(21), commercial receipts from trade, commerce or business cannot exceed 20% of the total receipts:
• Permissible 20% limit = 20% of ₹120 Lakhs = ₹24 Lakhs.
• Actual commercial receipts = ₹30 Lakhs (25% of total receipts).
• Conclusion: Since the 20% threshold was breached, the institution is NOT regarded as existing for a charitable purpose for T.Y. 2026-27! Exemption under Section 341 is denied for this year, and income is taxed at normal rates.

ICAI Illustration 13: Political Party Rental Income Exemption Section 12 Schedule VII

Problem Statement: A recognized political party let out one of its office premises to a commercial bank at ₹1,25,000 per month from 01.06.2026. Is this rental income taxable?

Statutory Ruling

Under Section 12 read with Schedule VII [legacy Section 13A], income from house property earned by a registered political party is 100% EXEMPT from income-tax, provided audited books and timely returns are maintained. The rental income of ₹12,50,000 (10 months × ₹1,25,000) is completely tax-free!

ICAI Illustration 14: Political Party - Cash Donation Breach & Consequences Cash Limit u/s 12

Problem Statement: A National Political Party registered with the ECI received: voluntary contributions of ₹80 Lakhs by cheque, ₹15 Lakhs in cash donations of ₹1,500 each, and ₹6 Lakhs in cash donations of ₹5,000 each. Determine taxability.

Statutory Solution
  • Cheque Donations (₹80 Lakhs): Fully exempt u/s 12.
  • Cash Donations ≤ ₹2,000 (₹15 Lakhs): Since individual donations are below ₹2,000, cash acceptance is valid → Fully exempt!
  • Cash Donations ≥ ₹2,000 (₹6 Lakhs): Violates the strict statutory ban prohibiting cash donations of ₹2,000 or more! The exemption in respect of this ₹6 Lakhs is FORFEITED and fully taxable!
ICAI Illustration 15: Business Trust (REIT) - Hybrid Pass-Through Taxation Section 223 [115UA]

Problem Statement: Bharat Real Estate Trust (REIT) distributes income to unit-holders: Interest from SPV ₹10 Crore, Dividend from SPV-1 (normal corporate tax) ₹4 Crore, Dividend from SPV-2 (opted for Section 200) ₹6 Crore, and Direct Rental Income ₹8 Crore. Explain taxability in hands of REIT and Unit-holders.

Statutory Allocation Table
Income Component Amount Taxability in Hands of Business Trust (REIT) Taxability in Hands of Unit-Holders
Interest from SPV ₹10 Crore EXEMPT u/s 11. TAXABLE at normal personal slab rates.
Dividend (SPV-1: Normal Tax) ₹4 Crore EXEMPT u/s 11. EXEMPT in hands of unit-holders!
Dividend (SPV-2: Sec 200) ₹6 Crore EXEMPT u/s 11. TAXABLE in hands of unit-holders!
Direct Rental Income ₹8 Crore EXEMPT u/s 11. TAXABLE at normal personal slab rates.
ICAI Illustration 16: Investment Funds (AIF I & II) - Business vs Non-Business Section 224 [115UB]

Problem Statement: India Growth Fund (AIF Category II, formed as a company) has Business Profits of ₹20 Lakhs and Long-Term Capital Gains of ₹80 Lakhs. It has 10 equal unit-holders. Determine taxability at fund level and in the hands of unit-holders.

Statutory Solution
1. At the Fund Level:
• Business Profits (₹20 Lakhs): Taxable AT THE FUND LEVEL @ 25%/30% corporate rate (+ cess). Tax is discharged by the fund.
• LTCG (₹80 Lakhs): Completely EXEMPT at the fund level u/s 11 (pass-through).

2. In the Hands of Unit-Holders (10 Investors):
• Business Profits: Completely EXEMPT in the hands of unit-holders u/s 11(23FBA).
• LTCG: Each investor is taxed on his proportionate share (₹80L ÷ 10 = ₹8 Lakhs) as Long-Term Capital Gains under Section 198 @ 12.5%!

12 ICAI Test Your Knowledge (TYK) Practical Questions (1 to 8) & In-Depth Solutions

TYK Question 1: Charitable vs. Religious Trusts & Section 332 Eligibility Statutory Distinction

Problem Statement: A trust, unless created for "charitable or religious purposes", does not qualify for Section 332 registration. Explain the distinction between public charitable purpose and religious purpose, and examine the tax implications if a public charitable trust applies funds for a specific religious caste or community.

Statutory Analysis

1. Distinction:
• Charitable Purpose [Section 2(21)]: Encompasses relief of the poor, education, yoga, medical relief, environmental preservation, monument preservation, and advancement of general public utility. It must benefit the public at large without religious or communal discrimination.
• Religious Purpose: Involves the advancement, support, or propagation of a religion, its tenets, rites, and ceremonies.

2. Caste / Community Bias Prohibition [Section 351(2)(c)]:
• Under Section 351, where a public charitable trust applies any part of its income for the benefit of any particular religious community or caste, such action constitutes a Specified Violation!
• Consequence: The Commissioner is empowered to cancel its registration under Section 332, resulting in complete forfeiture of exemption and trigger of Exit Tax under Section 352!

TYK Question 2: Ramji Charitable Trust - Late Return Filing Disallowance Sec 341(10) Mandatory Condition

Problem Statement: Ramji Charitable Trust, registered u/s 332, had gross receipts of ₹80 Lakhs and applied ₹70 Lakhs (87.5%) for charitable objects. However, it filed its return of income for Tax Year 2026-27 in December 2027 (Section 263(1) due date was 31.10.2027). Can it claim exemption under Section 341?

Statutory Ruling

Under Section 341(10) [legacy Section 12A(1)(ba)], the exemption under Section 341 shall NOT be available to an RNPO unless the return of income is furnished on or before the due date specified under Section 263(1)!
• Since Ramji Charitable Trust filed its return belatedly in December 2027, the mandatory statutory condition was breached.
• Conclusion: The entire exemption under Section 341 is FORFEITED! The trust cannot claim the 15% statutory accumulation, and its income will be computed under normal commercial principles and taxed at applicable rates.

TYK Question 3: Inter-Trust Corpus Donations & 85% Application Shortfall Inter-Trust Ban

Problem Statement: An educational institution registered u/s 332 had gross tuition receipts of ₹80 Lakhs during T.Y. 2026-27. It incurred the following expenses: staff salaries ₹45 Lakhs, computer purchases ₹15 Lakhs, and a donation of ₹10 Lakhs to another registered charitable trust with a specific direction to form part of its corpus. Examine whether the trust has satisfied the 85% application requirement.

Statutory Computation
Particulars Amount (₹)
Gross Receipts of the Trust 80,00,000
Mandatory 85% Application Target (85% of ₹80,00,000) 68,00,000
• Staff Salaries (Revenue Application) 45,00,000
• Computer Purchases (Capital Expenditure Application) 15,00,000
• Corpus Donation to Another Trust — STRICTLY DISALLOWED u/s 341 Explanation 2! Nil
Total Valid Application Achieved 60,00,000
SHORTFALL IN APPLICATION (₹68,00,000 − ₹60,00,000) 8,00,000
Conclusion: Corpus donation of ₹10 Lakhs cannot be counted as application. The shortfall of ₹8,00,000 is taxable in T.Y. 2026-27 unless Form No. 9A or Form No. 10 is filed within the prescribed electronic window!
TYK Question 4: Multi-Option Application - Form 9A & Form 10 Synthesis Sec 341(5) & Sec 342(1)

Problem Statement: A public charitable trust registered u/s 332 has Gross Receipts of ₹60 Lakhs in T.Y. 2026-27. Required 85% application is ₹51 Lakhs. It actually applied ₹35 Lakhs, filed Form No. 9A for ₹10 Lakhs (income received in late March 2027), and filed Form No. 10 for ₹8 Lakhs (accumulating for diagnostic equipment). Evaluate total exemption.

Statutory Evaluation
  • Mandatory 85% requirement = ₹51,00,000.
  • Actual application = ₹35,00,000.
  • Deemed application under Form 9A = ₹10,00,000.
  • Accumulation under Form 10 = ₹8,00,000 (validly invested in Sec 350 SBI deposits).
  • Total Effective Application = ₹35,00,000 + ₹10,00,000 + ₹8,00,000 = ₹53,00,000 (Exceeds ₹51 Lakhs target).
  • Conclusion: The entire ₹60 Lakhs gross receipts of the trust are 100% EXEMPT from income-tax for T.Y. 2026-27!
TYK Question 5: Section 344 Capital Gains Reinvestment Scenarios Section 344 [11(1A)]

Problem Statement: A registered charitable trust sells a capital asset for ₹22,00,000 (net consideration; original cost ₹12,00,000 → Capital Gain = ₹10,00,000). Calculate the capital gain deemed applied and taxable capital gain if it purchases a new asset for: Case A: ₹24,00,000; Case B: ₹18,00,000; Case C: ₹10,00,000.

Comparative Computation
Case Cost of New Asset Statutory Formula / Calculation Capital Gain Deemed Applied Taxable Capital Gain
Case A ₹24,00,000 New Cost (≥ ₹22L Net Consideration) → Full Capital Gain Deemed Applied ₹10,00,000 Nil
Case B ₹18,00,000 Cost of New Asset − Cost of Old Asset = ₹18,00,000 − ₹12,00,000 ₹6,00,000 ₹4,00,000
Case C ₹10,00,000 New Cost (₹10L) ≤ Old Cost (₹12L) → Zero Gain Deemed Applied Nil ₹10,00,000
TYK Question 6: Electoral Trust & The 95% Distribution Mandate Electoral Trust Rules

Problem Statement: Janhit Electoral Trust, approved by CBDT, received voluntary contributions of ₹100 Lakhs during T.Y. 2026-27. It distributed ₹92 Lakhs to recognized political parties and spent ₹4 Lakhs on administrative expenses. Is the trust exempt?

Statutory Ruling

Under Section 12 read with the Electoral Trust Scheme, an electoral trust is exempt ONLY IF it distributes at least 95% of aggregate voluntary contributions received during the tax year to registered political parties:
• Mandatory 95% distribution = 95% of ₹100 Lakhs = ₹95 Lakhs.
• Actual distribution = ₹92 Lakhs (Shortfall of ₹3 Lakhs).
• Conclusion: The condition is breached! The entire voluntary contribution of ₹100 Lakhs loses exemption and is fully taxable at normal applicable rates!

TYK Question 7: HelpAge Charitable Trust - Section 352 Exit Tax Computation Accreted Income Exit Tax

Problem Statement: HelpAge Charitable Trust had its registration cancelled by the Commissioner on 01.06.2026. On that date, its balance sheet showed: Land & Building (Book Value: ₹50 Lakhs; Stamp Duty Value: ₹180 Lakhs; Open Market FMV: ₹200 Lakhs), Quoted Equity Shares (FMV: ₹40 Lakhs), and Bank Balance: ₹10 Lakhs. Total liabilities were ₹30 Lakhs. Compute the Exit Tax payable under Section 352.

Statutory Computation
1. Valuation of Assets as per Section 352 Rules:
• Land & Building: Higher of Stamp Duty Value (₹180L) or Open Market FMV (₹200L) = ₹200 Lakhs
• Quoted Equity Shares: Market value on recognized stock exchange = ₹40 Lakhs
• Bank Balance = ₹10 Lakhs
• Aggregate Fair Market Value (FMV) of Assets = ₹250 Lakhs.

2. Accreted Income Calculation:
• Aggregate FMV of Assets = ₹250 Lakhs
• Less: Total Liabilities = (₹30 Lakhs)
• Accreted Income = ₹220 Lakhs.

3. Exit Tax Payable:
• Exit Tax = Accreted Income × MMR (30% + 25% surcharge + 4% HEC = 39.00%)
• Exit Tax = ₹220 Lakhs × 39.00% = ₹85.80 Lakhs.
• Must be paid within 14 days from 01.06.2026 (i.e. on or before 15.06.2026).
TYK Question 8: "Serving the Poor" Trust - Inter-Trust Donation Audit Application Legality

Problem Statement: "Serving the Poor", a registered charitable trust, made the following payments during T.Y. 2026-27:
(a) ₹5 Lakhs paid out of current year's income to another registered trust for general educational purposes.
(b) ₹8 Lakhs paid as a corpus donation to a registered cancer hospital trust.
(c) ₹4 Lakhs paid out of 5-year accumulated funds under Form 10 to a relief trust.
Examine whether each payment qualifies as application of income.

Statutory Ruling
  1. Payment (a) [₹5 Lakhs General Donation]: ALLOWABLE as valid application under Section 341 as it is paid out of current year's income without any corpus direction.
  2. Payment (b) [₹8 Lakhs Corpus Donation]: STRICTLY DISALLOWED under Section 341 Explanation 2! Inter-trust corpus donations cannot be claimed as application.
  3. Payment (c) [₹4 Lakhs from Accumulated Funds]: DISALLOWED & TAXABLE! Under Section 342, accumulated income cannot be donated to another trust. It is treated as deemed income of the transferring trust in the year of payment!