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Clarifications Regarding Treatment of Donations given by a Trust or Institution or University or other Educational Institution or Hospital or Medical Institution

Circular No. 3 of 2024

Circular Date: 6th March 2024

Relevant Act / Rule: Income Tax 1961

Relevant Section / Rule: Section 12AA, Section 12AB, Section 10(23C), Section 11(1)

Income of any fund or institution or trust or university or other educational institution or hospital or other medical institution or any trust registered u/s 12AA or 12AB of the act is exempt subject to fulfilment of certain conditions:

  1. At least 85% of the income of the trust or institution should be applied during the year for charitable or religious purposes;
  2. Trust or institutions are allowed to apply mandatory 85% of their income either themselves or by making donations to other trusts with similar objectives; and
  3. If donated to other trust / institution, the donation should not be towards corpus.

Finance Act 2023 has made amendment in the act in relevant explanations of concerned section 10 and section 11. Explanations of the respective amendment are as follows:
a. Eligible donations made by a trust / institution to another trust / institution under any of the two regimes shall be treated as application for charitable or religious purposes only to the extent of 85% of such donations.

It is further clarified that 15% of such donations by the donor trust / institution shall not be required to be invested in specified modes under sec. 11(5) of the Act as the entire amount has been donated to other trust / institution and is accordingly eligible for exemption under first or second regime.

The same is explained through an example below:

Trust A: Having income of Rs. 300 and made donation of Rs. 100 to Trust B

Trust B: Received income as donation from Trust A and have made donation of Rs. 100 to Trust C

Trust C: Received income as donation from Trust B.

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