Income tax is a direct tax that is imposed on individuals or entities based on their revenue. The Income Tax Act of 1961 contains a multitude of provisions and sections that govern the taxation of income. Sections 11 and 12 of the Income Tax Act provide exemptions and deductions for income earned by charitable trusts and institutions. In this article, we will delve into the conditions necessary for the application of sections 11 and 12 of the Income Tax Act.
Section 11 of the Income Tax Act, 1961
Section 11 of the Income Tax Act, 1961, pertains to the exemption of income generated by religious or charitable trusts. To qualify for an exemption under this section, a trust must fulfill certain requirements:
The trust must be registered under section 12AA of the Income Tax Act, 1961.
The trust’s income must be utilized exclusively for charitable or religious purposes, and it cannot be allocated or diverted for any other reason.
The trust must not provide any benefit to any individual or group of individuals.
The trust must not engage in any business or trade, although it may conduct commercial activities that are incidental to its charitable or religious purposes.
The trust must maintain accurate records and have them audited annually.
If these requirements are met, the trust’s income will be exempt from income tax under section 11 of the Income Tax Act, 1961.
Section 12 of the Income Tax Act, 1961
Section 12 of the Income Tax Act, 1961, provides for the deductions allowed for income earned by charitable trusts and institutions. To be eligible for deductions under this section, a trust must fulfill the following requirements:
The trust must be registered under section 12AA of the Income Tax Act, 1961.
The trust’s income must be used exclusively for charitable or religious purposes, and it cannot be allocated or diverted for any other reason.
The trust must not provide any benefit to any individual or group of individuals.
The trust must not engage in any business or trade, although it may conduct commercial activities that are incidental to its charitable or religious purposes.
The trust must maintain accurate records and have them audited annually.
The trust must spend at least 85% of its income on charitable or religious purposes during the financial year.
If these requirements are met, the trust can claim deductions under section 12 of the Income Tax Act, 1961, for the income spent on charitable or religious purposes.
Conclusion
In conclusion, sections 11 and 12 of the Income Tax Act, 1961, offer exemptions and deductions for income earned by charitable trusts and institutions. To avail of these benefits, trusts must meet certain criteria to ensure that their income is used solely for charitable or religious purposes and that their records are accurate. By meeting these criteria, trusts can take advantage of the exemptions and deductions provided under the Income Tax Act, 1961.
section 12A of Income Tax Act, 1961
(1) The provisions of section 11 and section 12 shall not apply in relation to the income of any trust or institution unless the following conditions are fulfilled, namely:—
(a) the person in receipt of the income has made an application for registration of the trust or institution in the prescribed form83 and in the prescribed manner to the Principal Commissioner or Commissioner before the 1st day of July, 1973, or before the expiry of a period of one year from the date of the creation of the trust or the establishment of the institution, whichever is later and such trust or institution is registered under section 12AA :
Provided that where an application for registration of the trust or institution is made after the expiry of the period aforesaid, the provisions of sections 11 and 12 shall apply in relation to the income of such trust or institution,—
(i) from the date of the creation of the trust or the establishment of the institution if the Principal Commissioner or Commissioner is, for reasons to be recorded in writing, satisfied that the person in receipt of the income was prevented from making the application before the expiry of the period aforesaid for sufficient reasons;
(ii) from the 1st day of the financial year in which the application is made, if the Principal Commissioner or Commissioner is not so satisfied:
Provided further that the provisions of this clause shall not apply in relation to any application made on or after the 1st day of June, 2007;
(aa) the person in receipt of the income has made an application for registration of the trust or institution on or after the 1st day of June, 2007 in the prescribed form and manner to the Principal Commissioner or Commissioner and such trust or institution is registered under section 12AA;
(ab) the person in receipt of the income has made an application for registration of the trust or institution, in a case where a trust or an institution has been granted registration under section 12AA or has obtained registration at any time under section 12A [as it stood before its amendment by the Finance (No. 2) Act, 1996 (33 of 1996)], and, subsequently, it has adopted or undertaken modifications of the objects which do not conform to the conditions of registration, in the prescribed form and manner, within a period of thirty days from the date of said adoption or modification, to the Principal Commissioner or Commissioner and such trust or institution is registered under section 12AA;
84[(ac) notwithstanding anything contained in clauses (a) to (ab), the person in receipt of the income has made an application in the prescribed form and manner to the Principal Commissioner or Commissioner, for registration of the trust or institution,—
(i) where the trust or institution is registered under section 12A [as it stood immediately before its amendment by the Finance (No. 2) Act, 1996 (33 of 1996)] or under section 12AA [as it stood immediately before its amendment by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (38 of 2020)], within three months from the first day of April, 2021;
(ii) where the trust or institution is registered under section 12AB and the period of the said registration is due to expire, at least six months prior to expiry of the said period;
(iii) where the trust or institution has been provisionally registered under section 12AB, at least six months prior to expiry of period of the provisional registration or within six months of commencement of its activities, whichever is earlier;
(iv) where registration of the trust or institution has become inoperative due to the first proviso to sub-section (7) of section 11, at least six months prior to the commencement of the assessment year from which the said registration is sought to be made operative;
(v) where the trust or institution has adopted or undertaken modifications of the objects which do not conform to the conditions of registration, within a period of thirty days from the date of the said adoption or modification;
(vi) in any other case, at least one month prior to the commencement of the previous year relevant to the assessment year from which the said registration is sought,
and such trust or institution is registered under section 12AB;]
(b) where the total income of the trust or institution as computed under this Act without giving effect to the provisions of section 11 and section 12 exceeds the maximum amount which is not chargeable to income-tax in any previous year, the accounts of the trust or institution for that year have been audited by an accountant as defined in the Explanation below sub-section (2) of section 288 85[before the specified date referred to in section 44AB and the person in receipt of the income furnishes by that date] the report of such audit in the prescribed form86 duly signed and verified by such accountant and setting forth such particulars as may be prescribed;
Following clause (b) shall be substituted for the existing clause (b) of sub-section (1) of section 12A by the Finance Act, 2022, w.e.f. 1-4-2023:
(b) where the total income of the trust or institution as computed under this Act without giving effect to the provisions of sections 11 and 12 exceeds the maximum amount which is not chargeable to income-tax in any previous year,—
(i) the books of account and other documents have been kept and maintained in such form and manner and at such place, as may be prescribed; and
(ii) the accounts of the trust or institution for that year have been audited by an accountant defined in the Explanation below sub-section (2) of section 288 before the specified date referred to in section 44AB and the person in receipt of the income furnishes by that date the report of such audit in the prescribed form duly signed and verified by such accountant and setting forth such particulars, as may be prescribed;
(ba) the person in receipt of the income has furnished the return of income for the previous year in accordance with the provisions of sub-section (4A) of section 139, within the time allowed under that section.
(c) [***]
(2) Where an application has been made on or after the 1st day of June, 2007, the provisions of sections 11 and 12 shall apply in relation to the income of such trust or institution from the assessment year immediately following the financial year in which such application is made:
88[Provided that the provisions of sections 11 and 12 shall apply to a trust or institution, where the application is made under—
(a) sub-clause (i) of clause (ac) of sub-section (1), from the assessment year from which such trust or institution was earlier granted registration;
(b) sub-clause (iii) of clause (ac) of sub-section (1), from the first of the assessment year for which it was provisionally registered:
Provided further that where registration has been granted to the trust or institution under section 12AA or section 12AB], then, the provisions of sections 11 and 12 shall apply in respect of any income derived from property held under trust of any assessment year preceding the aforesaid assessment year, for which assessment proceedings are pending before the Assessing Officer as on the date of such registration and the objects and activities of such trust or institution remain the same for such preceding assessment year:
89[Provided also] that no action under section 147 shall be taken by the Assessing Officer in case of such trust or institution for any assessment year preceding the aforesaid assessment year only for non-registration of such trust or institution for the said assessment year:
Provided also that provisions contained in the first and second proviso shall not apply in case of any trust or institution which was refused registration or the registration granted to it was cancelled at any time under 90[section 12AA or section 12AB].
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