Section 13 of the Income tax Act 1961 deals with conditions under which a charitable trust could lose its tax exemption u/s 11 or 12 (the sections dealing with tax exemptions).
According to Section 13(1)(c)(ii) Nothing contained in section 11 [or section 12] shall operate so as to exclude from the total income of the previous year of the person in receipt thereof – if any part of such income or any property of the trust or the institution (whenever created or established) is during the previous year used or applied, directly or indirectly for the benefit of any person referred to in sub-section(3).
Now when we look at subsection (3) of Section 13 it lists under sub-clause (b) “any person who has made a substantial contribution to the trust or institution, [that is to say, any person whose contribution up-to the end of the relevant previous year exceeds fifty thousand rupees]”.
The Income tax Act adds the provision:
“Provided that in the case of a trust or institution created or established before the commencement of this Act, the provisions of sub-clause (ii) shall not apply to any use or application, whether directly or indirectly, of any part of such income or any property of the trust or institution for the benefit of any person referred to in sub-section (3), if such use or application is by way of compliance with a mandatory term of the trust or a mandatory rule governing the institution.
Thus, a charitable institution may lose its tax exemption if any income or property of the institution during a financial year is applied, directly or indirectly for the benefit of any person whose contribution exceeds fifty thousand rupees during that financial year.
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