Income Tax Provision For Charitable Trust-1

INCOME TAX PROVISION FOR
CHARITABLE TRUST
CA Pramod Kumar Himmatsinghka

B.Com(H), LL.B, FCA, DISA(ICAI)
E-mail: pkhkol@gmail.com
Mob. 9331024755
Section 11 of the Income-Tax Act, 1961
 Sub-section (1) – Income from property held for charitable or religious purpose shall not be included in the income
if:
(a) In case of property held under trust wholly for charitable or religious purpose and the trust having been
established after the commencement of this Act, 85% or more of the income derived (excluding corpus
donation) is applied towards the objects of the trust and income not in excess of 15% is accumulated or set
apart.
(c) Income applied on activities outside India is not eligible for exemption unless the conditions are met:
- The trust happens to be created before 01.04.1952 or it is engaged in promotion of international welfare in
which India is interested.
- CBDT by general or special order has granted the exemption for carrying out such activities.
(d) Income in the form of voluntary contributions made with a specific direction that they shall form part of the
corpus of the trust/institution. Subject to the condition that such voluntary contributions are invested or
deposited in one or more forms or modes specified in Section 11(5) of the Act.
CA P.K. Himmatsinghka
 Condition for corpus donation–
- Such corpus donations are invested or deposited in one or more of the forms or modes specified in sub-section
(5) maintained specifically for such corpus.
- Income collected through donation boxes are not corpus donations even if the boxes are marked “Donation
Towards Corpus” - Digamber Jain Naya Mandir vs. Asst. DIT (1999).
Explanation to Section 11(1)(a) and (b):

 Explanation 1 –
(1) In computing the 15% of the income which may be accumulated or set apart, any voluntary contributions [Section
12(1)] shall be deemed to be part of the income;
(2) If, in the previous year, the income applied to charitable or religious purposes in India falls short of 85% of the
income derived during that year from property held under trust, by any amount-
(i) for the reason that the whole or any part of the income has not been received during that year, or
(ii) for any other reason, then,
(a) for sub-clause (i) above, the amount may be utilized either during the previous year in which income is so
received or during the previous year immediately following such previous year, by filing Form No. 9A online at
least two months prior to the due date specified under Section 139(1) of the Act (Rule 17) [Finance Bill, 2023,
w.e.f. AY 2023-24]. CBDT vide Circular No. 6/2023 dated 24.05.2023, clarified that deemed application shall not
be denied to a trust as long as the statement is furnished on or before the due date of filing return of income
u/s 139(1) of the Act.
Note: The assessee is at liberty to wait for any number of years for the receipt of income. In case the income is not
received in future AY’s, then there is no obligation on the part of the assessee to spend such income .
(b) for sub clause (ii) above the amount may be utilized during the previous year immediately following the previous
year in which the income was derived, by filing Form No. 9A online at least two months prior to the due date
specified under Section 139(1) of the Act [Finance Bill, 2023, w.e.f. AY 2023-24].
Trust can not grant corpus donation to another trust
(1) From FY 2017-18 onwards, any trust or NGO availing tax exemption benefit under Section 11 of the Act shall not be
allowed to treat corpus donation given to another charitable organization, referred to in Section 10(23C)(iv),(v),
(vi), (via) or registered under Section 12AA/12AB of the Act, as application of income.
Disallowance u/s 40(a)(ia) & 40A(3)

(1) For the purposes of determining the amount of application under clause (a) or clause (b), the provisions Section
40(a)(ia) [Amounts not deductible] and Section 40A(3) & (3A) [Disallowance of expenses in cash], shall, mutatis
mutandis, apply as they apply in computing the income chargeable under the head "Profits and gains of business
or profession” w.e.f. 01.04.2019 i.e., AY 2019-20.
Observation:
- 30% of the expenditure will be disallowed when trust was supposed to deduct TDS and it has not deducted.
- No deduction shall be allowed in respect of expenditure if payment done by trust exceeds Rs. 10,000/- and it is
done in cash or otherwise than by an account payee cheque drawn on a bank/account payee bank draft/bank
transfer.
 Explanation 3A [inserted w.e.f. 01.04.2021 by Finance Bill, 2022] –
If property held under trust includes any temple, mosque, gurdwara, church or other place notified under Section
80G(2)(b) of the Act, any sum received as voluntary contribution for purpose of repairs or renovation may at the
discretion of the trust be treated as forming part of the corpus subject to conditions:
(a) Corpus to be applied for the purpose for which it is received;
(b) No donation to be made to any other person;
(c) Corpus should be separately identifiable; and
(d) To be invested as per Section 11(5) of the Act.
 Explanation 3B [inserted w.e.f. 01.04.2021 by Finance Bill, 2022]
If any of the 4 conditions specified in Explanation 3A above are violated the amount becomes taxable in the year of
violation.
 Explanation 4 [inserted w.e.f. 01.04.2022 by Finance Bill, 2021]
As per clauses (i) and (ii), an application from corpus/loan or borrowing shall not be considered as an application for
charitable or religious purposes, it will be allowed as an application in the previous in which the amount disallowed
earlier is deposited back in the modes specified as per section 11(5) of the Act (to the extent of investment) or the
loans and borrowings are repaid (to the extent of repayment)
 Explanation 5 [inserted w.e.f. 01.04.2022 by Finance Bill, 2021]
No set-off or deduction or allowance of the excess application, of any of the year preceding the previous year shall be
allowed.
Condition for Exemption of Capital Gain
 Sub-section (1A) – The amount of exemption in relation to capital gain arising on transfer of a capital asset, shall be
as under:
(a) Where the capital asset is held under trust wholly for charitable or religious purposes:
(i) if the whole of the net consideration is utilized for acquisition of a new capital asset, the entire capital gain
shall be exempt; and
(ii) if only a part of the net consideration is so utilized, the amount of capital gain exempt shall be equal to Cost
of Acquisition of New Capital Asset Minus Cost of Capital Asset transferred.
 An organization can utilize the capital gains for charitable purpose under Section 11(1)(a) of the Act without taking
the benefit of Section 11(1A).
 Capital gains are allowed to be reinvested in purchase of another capital asset or otherwise they can also be
applied for charitable purpose.
 Section 11(1A) of the Act does not provide any time limit for reinvestment in new capital asset. Time limit for utilizing
capital gains is within the same year subject to the options available under the explanation to Section 11(1) & 11(2)
as discussed above.
 No time limit has been prescribed for holding the new capital asset. But in one of the cases it has been decided that,
the new asset should at least appear in the balance sheet of the year of purchase.
 Sub-section (1B) – Consequences of non-application of Income after exercising options under clause (2) of the
Explanation 1 to sub-section (1), during the period mentioned in sub-clause (a) or sub-clause (b) of the said clause.
 The income not so applied will be deemed to be the income of the person in receipt thereof
(a) In the case referred to sub clause (i) of the said clause, of the previous year immediately following the previous
year in which the income was received;
or
(b) In the case referred to in sub clause (ii) of the said clause, of the previous year immediately following the
previous year in which the income was derived.
 Condition for accumulation of income for deficit amount upto 85%- FORM-10
 Sub-section (2) – Exemption if income accumulated for specific purposes.
(a) Such person furnishes a statement in the prescribed form / manner to the Assessing Officer (Form No. 10),
stating the purpose for which the income is being accumulated or set apart and the period for which the income
is to be accumulated or set apart, which shall in no case exceed 5 years. In other words, shortfall in excess of 15%
(statutory accumulation) can be accumulated, to be used for religious or charitable purposes within the next five
years.
5 year period shall commence from the year succeeding the previous year for which the accumulation is made.
(b) The money so accumulated or set apart is invested or deposited in the forms or modes specified in Section 11(5)
of the Act.
(c) The statement referred to in clause (a) is furnished at least two months before the due date specified under
Section 139(1) r.w.s. 139(9) of the Act for furnishing the return of income. [Finance Bill, 2023, w.e.f. AY 2023-24].
CBDT vide Circular No. 6/2023 dated 24.05.2023, clarified that accumulation shall not be denied to a trust as
long as the statement is furnished on or before the due date of filing return of income u/s 139(1) of the Act.
 Though only Form No. 10 is required to be uploaded, the following documents and details should be prepared for
accumulation:
(i) Resolution to be passed by the governing board for accumulation under Section 11(2).
 Sub-section (3) – Exemption of Section 11(2) withdrawn if specific conditions not satisfied.
 Any income referred to in Section 11(2) which –
(a) Is applied to purposes other than the purpose for which it was accumulated or set apart; or
(b) Ceases to remain invested in modes specified in Section 11(5); or
(c) Is not utilized for the purpose for which it is so accumulated or set apart during the 5 year period; or
(d) Is donated to any trust registered under Section 12AA/12AB or referred to in Section 10(23C)(iv),(v),(vi),(via).
shall be deemed to be the income of such person in the previous year in which it is so applied, or ceases to be so
accumulated or set apart, or ceases to remain so invested or deposited or not utilized for the purpose for which it is
accumulated or paid to any trust as referred to in (d) above.
No Application- Depreciation Allowance

 Sub-section (6)
 The Finance (No: 2) Act, 2014 lays down that depreciation will not be considered as application of income if the asset
on which depreciation has been charged has already been considered as a part of application of income, earlier.
 Depreciation shall be permissible on assets not created out of Income. Depreciation cannot be claimed if cost of
acquisition is Nil.
 The depreciation rates provided by the Income tax laws are not mandatory. Section 32 will have no application to
charitable organization.
(ii) Changes in Explanation 4 to sub-section (1) –
(a) Clause (i) & (ii) of Explanation 4 – (Application from corpus/loan or borrowings)
 Second proviso to clause (i) & (ii) of Explanation 4 is inserted to provide that where the application from corpus
or loan does not satisfy the conditions that are required for application, the depositing back into
corpus/repayment of loan of such amount will not be treated as application.
 Third proviso to clause (i) & (ii) of Explanation 4 is inserted to provide that deduction shall be allowed only if the
amount taken from the corpus is reimbursed to the corpus or the loan is repaid within 5 years from application
out of the corpus/loan or borrowing which was not allowed as an application when the amount was actually
spent.
 Fourth proviso to clause (i) & (ii) of Explanation 4 is inserted to provide that application out of corpus or a loan
before 1 April 2021 shall not to be allowed as application for charitable or religious purposes even when such
amount is put back into corpus or the loan is repaid. This is in order to avoid double deduction.
These amendments will be applicable from AY 2024-25 and thereafter.
 Inter Charity Donations - Clause (iii) of Explanation 4 is inserted to provide that only 85% of the eligible
donations made by a trust or institution registered under Section 12AB to another trust or institution registered
under Section 10(23C) or Section 12AB shall be treated as the application only to the extent of 85% of such
donation. In other words, if Trust A donates a sum of Rs. 1,00,000/- to Trust B, in the books of account of Trust A
while Rs. 1,00,000/- will reflect as given, only Rs. 85,000/- will qualify as ‘application of income for charitable
purpose’. This amendment will be applicable from AY 2024-25 and thereafter.
Section 12 of the Income-Tax Act, 1961
[I] Income of Trusts or Institutions from contribution:
 Sub-section (1) - Income from voluntary contributions (not being contributions made with specific direction that it
shall form part of the corpus) shall be deemed to be income derived from property held under trust for the purposes
of section 11.
 Anonymous donations
 Where the total income of an assessee, being a person in receipt of income on behalf of any trust or institution
referred to in section 11, includes any income by way of any anonymous donation, the income-tax payable shall be
the aggregate of-
 (1) the amount of income-tax calculated at the rate of thirty percent the aggregate of anonymous donations received
in excess of the higher of the following, namely:-
 (A) five percent of the total donations received by the assessee
 B) one lakh rupees, and
 (2) The provisions of sub-section (1) shall not apply to any anonymous donations received by-
 (a) any trust or institution created or established wholly for religious purposes;
Section 12A of the Income-Tax Act, 1961
[I] Conditions for applicability of Section 11 and 12 of the Act
 Sub-section (1)(ac) [introduced by Finance Act, 2020] –
i. For existing trust registered u/s 12AA. Apply u/s 12AB from 1 April 2021 to 31 March 2022. Extended up
to 25 November 2022 vide CBDT Circular No. 22/2022 dated 01.11.2022, again extended upto
30/09/2023 vider cicular no 6 of 2023.
ii. Apply for renewal of registration u/s 12AB at least 6 months prior to expiry of said period of 5 Years.
iii. Where the trust has been provisionally registered u/s 12AB apply for registration at least 6 months prior
to the date of expiry or within 6 months from the commencement of its activities whichever is earlier.
Extended upto 30/09/2022 and then upto 30/09/2023 vide the above circular.
iv. Where the registration has become inoperative due to first proviso of Section 11(7), at least 6 months
prior to the commencement of the AY from which the said registration is sought to be made operative.
v. Modification in objects which do not confirm to the conditions of the registration, then within period of
30 days from the date of said modification.
vi. This clause has been amended vide Finance Bill, 2023.
[II] Amendments of Section 12A of Act by Finance Bill, 2023
(i) Changes in sub-section (1)(ac), clause (vi) – (Combining Provisional and Regular Registration in some cases)
 It has been proposed that the trusts and institutions shall be allowed to make application for provisional
approval (validity of 3 years) only before the commencement of activities under sub-clause (A) of clause (vi);
 The trusts and institutions which have already commenced their activities, shall make application for a regular
approval (validity of 5 years) under sub-clause (B) of clause (vi).
 These amendments will take effect from 01.10.2023.
(ii) Changes in sub-section (1)(ba) – (timely filing of Returns)

 It is proposed to provide that the tax exemption shall be available only if the return of income is filed by the trust
or institution within the time prescribed under section 139(1) [31st October] or 139(4) [31st December] of the
Act.
Audit Report
FORM 10B FORM 10BB
(i) If the total income of the trust or institution, without Any other case not
giving effect to the provisions of section 11 and 12 or covered in Form
section 10(23C)(iv), (v),(vi),(via) of the Act. exceeds rupees 10B
five crores during the previous year : or
(ii) If such trust or institution has received any foreign

contribution during the previous year; or
(iii) If such trust or institution has applied any part of its

income outside India during the previous year
COMPUTATION OF TOTAL INCOME (Example-1)
ASSESMENT YEAR 2023-2024
Computation of Total Income for the year ended 31st March 2023 Less Deductions:
Income Exempt U/S 11 of the Income Tax Act, 1961 Applied for Charitable Purposes :
Amount (Rs.) Amount (Rs.) A) Hospital Expenses 5,85,56,352
Income
B) School Expenses 4,53,76,592
Hospital 6,73,70,326
C) Capital Expenditure (As per Fixed Asset Sch.) 3,66,35,559
School 6,64,65,148
Annual membership fees 7,500 Less accumulated amount
relating to F.Y. 2018-19 set off 1,54,74,266 2,11,61,293
School Admission Fee 61,76,000
Collection of School Development Fund 49,29,800 14,49,48,774 12,50,94,237
Voluntary Contributution/Donations : 12,50,94,237

Voluntary Donations 60,19,111
Corpus Donations 6,16,100 66,35,211 Surplus 1,89,62,918

Less Accumulation c/o u/s 11(2) Form 10 filed on date …… 1,89,62,918
Interest & other receipts Taxable Income NIL
Interest Income:
TDS 9,02,590
Hospital (Sch-O) 1,69,28,351
School (Sch-P) 13,79,645 Refundable 9,02,590
Other Receipt (Sch-O) 2,03,125
1,85,11,121
17,00,95,106
Less: Corpus Donations ( Exempt) 6,16,100
Total Income 16,94,79,006
Less 15% Accumulation of above 2,54,21,851

Income to be applied 14,40,57,155
16
ACCUMULATION / SET APART
Accumulation /set apart c/f (as per Form 10)
Balance
Financial Year Amount(Rs.) Utilised in F.Y.(Rs) C/o(Rs)
2018-19 1,54,74,266 1,54,74,266 0

2019-20 3,16,37,230 0 3,16,37,230
2020-21 1,00,00,000 1,00,00,000
2021-22 0 0
2022-23 1,89,62,918 1,89,62,918
Total 7,60,74,414 1,54,74,266 6,06,00,148
Note: Capital Expenditure Rs.1,54,74,266/-spent during the year adjusted with b/f accumulated profit against F.Y-2018-19.
COMPUTATION OF TOTAL INCOME (Example-2)
ASSESMENT YEAR 2023-2024
Computation of Total Income for the year ended 31st March 2023
Income Exempt U/S 11 of the Income Tax Act, 1961
Amount (Rs.) Amount (Rs.)
Income
Income from property held under Trust 75,00,000
Voluntary Contributution/Donations :
Voluntary Contribution / Donations 25,00,000
Total Income 1,00,00,000
Less Permitted Accumulation 15% 15,00,000

Income to be applied 85,00,000
Less Deductions:
Applied for Charitable Purposes :
A) Revenue Expenditure (As per I & E A/c) 60,00,000
B) Capital Expenditure (As per Fixed Asset Sch.) 15,00,000 75,00,000
Deficit 10,00,000
Less: Accumulation/ Set apart u/s 11(2) Form 10 filed on date …………. 10,00,000
Taxable Income NIL
CONTENT OF FORM 10B CONTENT OF FORM 10BB
Sl. Content Form Sl. Content Form

No. 10B No. 10BB
01. Clauses 49 01. Clauses 32
02. Sections 22 02. Sections 09
03. Schedules 26 03. Schedules 06
04. Notes 12 04. Notes 06
OVERVIEW OF FORM 10B
General Information GPU and Computation of Income Income not subject Other penal OTHER Compliances
BUSINESS to application provisions
Total Clauses: 14 Total Clauses: 8
Total Clauses: 15
Total Clauses: 4 Total Clauses: 3 Total Clauses:
Basic Details (Clause 1 TDS on receipts (Clause19)
5
to 6) Voluntary contributions
Section 115BBI Expenditure incurred for
Advancement of (Clause 21 to 27) - 13(10) and 22nd
(Clause 33)- Modified religious purposes (Clause
Legal (Clause 7 to 8) General Public Modified proviso to sec 40)
Utility (Clause 15 10(23C) (Clause
Income to be applied Anonymous Donation
Registration Details to 16) 20 & 39) Claim of Depreciation
(Clause 28 to 30) (Clause 34) (Clause – 44)
(Clause 9)
Business Person referred
Application of income Other Income not to in 13(3) & Claim of deduction u/s 10
Management (Clause Undertaking
(Clause 31) - Modified subject to application other than under 10(1),
10) (Clause 17) details of 10(23C) and 10(46) (Clause
(Clause-35)
transaction 13(2) 45)
Taxable Income (Clause
Objects (Clause 11 to Business (Clause 41 to 42)
32)
12) incidental to Loan taken / accepted
objects (Clause- Specified exceeding limit u/s 269SS
Commencement of Capital assets u/s
18) violation for (Clause 46)
Activities (Clause 13) 11(1A) (Clause 36)
Cancellation Received an amount u/s
Application out of different 12AB(4) (Clause 269ST (Clause 47)
Details of place where sources other than income 43) - Modified
books of accounts and (Clause 37) Loan repaid exceeding limit
other documents have been u/s 269T (Clause 48)
maintained (Clause 14)- Payment or credit in
Modified TDS compliances (Clause
excess of Rs. 50 lakhs 49)
(Clause 38) 20
Form 10B
Basic Details
ANNEXURE
Statement of particulars
1. PAN of the auditee A B C D E 1 2
2. Name of the auditee
3. Assessment Year
Basic Details
4. Previous Year d d m m y yy y
To
d d m m y yy y
5. Registered Address of the
auditee
6. Other addresses, if applicable < refer note*>
Extract of Note to From 10B:
*In serial number 6, provide the address which has been decided by the management by way of a resolution
and which has been intimated to the jurisdictional Assessing Officer in writing within seven days of such
resolution as per the proviso to sub-rule (3) of rule 17AA;
Legal
7 Type of the auditee Trust Society Company Others
Legal
8. Whether the auditee is established under an

instrument? Yes/No
Registration Details
9. Details of registration/provisional registration or approval/ provisional approval or notification of the
auditee under the Income-tax Act
(details of all the registration/provisional registration/approval/provisional approval/notification which are
valid during the previous year should be provided, however where the auditee has got the
registration/approval after provisional registration/approval the details of provisional registration/approval
need not be provided)
Section under which Date of Registration/Approv Authority granting Date from which
registered/provisiona registration/provis al/ Notification/ registration/ registration//provis
lly registered or ional registration Unique Registration provisional ional
approved/ or approval/ No. (URN), if registration or registration/approv
provisionally provisionally available approval/ provisiona al/provisional
approved approval/ l approval approval/notificati
/notified (refer note notification or on is effective
**) (dd/mm/yyyy)
Notification
Extract of NOTE to Form 10B: **In serial number 9, for the section under which registered or provisionally registered or approved or
provisionally approved one of the following codes shall be selected (details of all the registration/provisional registration or approval or
provisional approval or notification which are valid during the previous year should be provided, however where the auditee has got the
registration or approval, after provisional registration or approval the details of provisional registration or approval need not be
provided):
Sr No. Section Code
1 Clause (a) of sub-section (1) of section 12AB of the Act 1
2 Clause (b) of sub-section (1) of section 12AB of the Act 2
3 Clause (c) of sub-section (1) of section 12AB of the Act 3
4 Clause (i) of second proviso to clause (23C) of section 10 of the Act 4
5 Clause (ii) of second proviso to clause (23C) of section 10 of the Act 5
6 Clause (iii) of second proviso to clause (23C) of section 10 of the Act 6
7 Clause (ii) of sub-section (1) of Section 35 of the Act 7
8 Clause (iia) of sub-section (1) of Section 35 of the Act 8
9 Clause (iii) of sub-section (1) of Section 35 of the Act 9
10 Clause (i) of second proviso to sub-section (5) of section 80G of the Act 10
11 Clause (ii) of second proviso to sub-section (5) of section 80G of the Act 11
12 Clause (iii) of second proviso to sub-section (5) of section 80G of the Act 12
13 any other, please specify 13
Management
(a) Details of all the Author (s)/ Founder (s)/ Settlor (s)/Trustee (s)/ Members of society/Members of the Governing Council/ Director (s)/
10. shareholders holding 5% or more of shareholding / Office Bearer (s) of the auditee at any time during the previous year
Name of Relation Percentage of Unique Id Code Address Whether there is any change in If yes, specify
person < refer shareholding in Identification relation during previous year of the change
note # > case of Number < refer audit
shareholder Note ## > Yes/No
(1) (2) (3) (4) (5) (6) (7) (8)
(b) In case if any of the persons [as mentioned in row 10(a)] is not an individual, then provide the following details of the natural persons
who are beneficial owners (5% or more) of such person at any time during the previous year
Sl. No. Name Unique ID code Address Non- individual Percentage Whether there If yes, specify
Identification < refer person [as of is any change the change
Number note##> mentioned in row beneficial during
no 10(a)] in which ownership previous year
beneficial of audit
ownership held Yes/No
(1) (2) (3) (4) (5) (6) (7) (8) (9)
Extract of Note to Form 10 B – Annexure 10
1. # - In row 10(a), in column (2) for relation one or more of the following codes shall be selected
S. No Section Code
(1) Author 1
(2) Founder 2
(3) Settlor 3
(4) Trustee 4
(5) Members of society 5
(6) Members of the Governing Council 6
(7) Director 7
(8) Shareholders holding of 5% or more of shareholding 8
(9) Office Bearer s 9
(10) Others 10
2. ## - In serial number 10(a), in column (5), and in serial number 10(b), in column (4) for ID code, the following should be filled:
(1) If PAN or Aadhar number is available, the same should be mandatorily filled and the following ID code shall be filled:
Type of identification Code
PAN 1
Aadhar number 2
(2) If neither PAN or Aadhar is available, one of the following should be filled:
Type of identification Code
Taxpayer identification Number of the countrywhere the person resides; 3
Passport number; 4
Elector's photo identity number 5
Driving License number 6
Ration card number 7
Objects
11. Objects of the auditee Refer Note$
12. (i) Whether the auditee, being a trust or institution referred to in section 11 or 12, has Yes/No
adopted or undertaken modification of the objects which do not conform to the
conditions of registration?
(ii) If yes, please furnish following information:-
(A) date of such modification/ adoption (DD/MM/YYYY)
Objects
(B) Whether an application for registration has been made in the prescribed form and Yes/No
manner within the stipulated period of thirty days from the date of said adoption
or modification, as per sub-clause (v) of clause (ac) of sub-section (1) of section
12A.
(C) If yes provide the following details regarding application for registration under sub-clause (v) of clause (ac) of
sub-section (1) of section 12A
NOTE $:
In serial number 11, for the objects of the auditee, one or more of the following options shall be selected:
S.No Object Code

(1) Religious 1
(2) Relief of poor 2
(3) Education 3
(4) Medical relief 4
(5) Yoga 5
(6) Preservation of environment (including watersheds, forests and wildlife) 6
(7) Preservation of monuments or places or objects of artistic or historic interest 7
(8) Advancement of any other objects of general public utility 8
Commencement of activities
13. (i) Where the auditee has been granted provisional registration or provisional approval, whether Yes/No
activities have commenced during the previous year
(ii) If yes in 13 (i) , date of commencement of activities
d d m m y y y
(iii) If the answer to 13(i) is yes, whether application for registration under section sub-clause (iii) of Yes/No
clause (ac) of sub-section (1) of section 12A or application for approval under clause (iii) of the
first proviso to clause (23C) of section 10 has been filed?
(iv) If yes in 13(iii) above, provide the following details regarding application for registration under section sub-clause (iii) of
clause (ac) of sub- section (1) of section 12A or application for approval under clause (iii) of the first proviso to clause
(23C) of section
Details of Place where books of accounts and other
documents have been maintained
14. (i) Whether the books of account and other documents have been kept and maintained in the Yes/No
Details of place where books of accounts and other documents
form and manner and at such place as prescribed under rule 17AA by the auditee
(ii) Provide the following details of the books of account and other documents
S. Nature of Whether Whether Whether If maintained at any place other thanthe Whether the
No Books of maintained by maintained in a maintained at registered place books of account
Account theauditee computer system, registered office have been
Address Date of Date of intimation
(Yes/No) (Yes/No) (Yes/No) audited (Yes/No)
of such decision to Assessing Officer
<Refer
Place by that books of
Note$$>
management accounts are kept
have been maintained
to keep at such place

account at under proviso to
such place sub- rule (3) of rule
17AA
(1) (2) (3) (4) (5) (6) (7) (8) (9)
Extract of NOTE $$ to Form 10B: In serial number 14(ii), in column (2) one or more of the codes
shall be selected:
S.No Nature of books of account or other document as provided in rule 17AA Code
(1) Cash book 1
(2) Ledger 2
(3) Journal 3
(4) Copies of bills, whether machine numbered or otherwise serially numbered, wherever such bills are issued by the assessee, and 4
copies or counterfoils of machine numbered or otherwise serially numbered receipts issued by the assesse
(5) Original bills wherever issued to the person and receipts in respect of payments made by the person 5
(6) Any other book that may be required to be maintained in order to give a true and fair view of the state of the affairs of the person 6
and explain the transactions effected
(7) Books of account, as referred in Serial No. 1 to 6, for business undertaking referred in sub-section (4) of section 11 of the 7
Act
(8) Books of account, as referred in Serial No 1 to 6,, for business carried on by the assessee other than the business undertaking 8
referred to in sub-section (4) of section 11 of the Act
(9) Record of all the projects and institutions run by the person containing details of their name, address and objectives 9
(10) Record of income of the person during the previous year as per rule 17AA(1)(d)(ii) 10
(11) Record of application of income etc. out of income during the previous year as per rule 17AA(1)(d)(iii) 11
(12) Record of application of income out of the income of any previous year preceding the current previous year as per rule 12
17AA(1)(d)(iv)
(13) Record of voluntary contribution made with a specific direction that they shall form part of the corpus, as per
rule17AA(1)(d)(v) ; 13
(14) Record of contribution received for the purpose of renovation or repair of temple, mosque, gurdwara, church or other place
notified under clause (b) of sub-section (2) of section 80G which is being treated as corpus, as per rule 17AA(1)(d)(vi) 14
(15) Record of loan and borrowings as per rule 17AA(1)(d)(vii) 15
(16) Record of properties as per rule 17AA(1)(d)(viii); 16
(17) Record of specified persons as per rule 17AA(1)(d)(ix); 17
(18) Any other documents containing any other relevant information as per rule 17AA(1)(d)(x). 18
Advancement of General Public Utility
15. Where, in any of the projects/institutions run by auditee, one of the charitable purposes is advancement of any other object of
Advancement of General Public Utility
general public utility then,-

Yes/No
Whether any activity is being carried on by the auditee which
(A) or business referred to in proviso to clause (15) of section 2?
is in the nature of trade, commerce
(B) If yes, then percentage of receipt from such activity vis-à-vis total receipts %
(C)
Whether such activity in the nature of trade, commerce or business is undertaken in the course of Yes/No
actual carrying out of such advancement of any other object of general public utility
Whether there is any activity of rendering any service in relation to any trade, commerce or Yes/No
(D) business for any consideration as referred to in proviso to clause (15) of section 2?
(E) If yes, then percentage of receipt from such activity vis-à-vis total receipts %
Whether such activity of rendering service is undertaken in the course of actual carrying out of such Yes/No
(F) advancement of any other object of general public utility
16. If ‘A’ or ‘D’ in 15 is Yes, the aggregate annual receipts from such activities in respect of that project/institution
Amount of aggregate annual receipts from activities

S.No Name of Project/ Institution referred in 15A and 15D (In Rs.)
Total
Section 2(15)
• "charitable purpose" includes
1. relief of the poor,
2. education,
3. yoga,
4. medical relief,
5. preservation of environment (including watersheds, forests and wildlife) and preservation
of
monuments or places or objects of artistic or historic interest, and
6. the advancement of any other object of general public utility:
• Provided that the advancement of any other object of general public utility shall not be a charitable
purpose, if it involves the carrying on of any activity in the nature of trade, commerce or business, or
any activity of rendering any service in relation to any trade, commerce or business, for a cess or
fee or any other consideration, irrespective of the nature of use or application, or retention, of the
income from such activity, unless—
• (i) such activity is undertaken in the course of actual carrying out of such advancement of
any
other object of general public utility; and
• (ii) the aggregate receipts from such activity or activities during the previous year, do not
exceed twenty per cent of the total receipts, of the trust or institution undertaking such
activity or activities, of that previous year;
Applicability of Proviso
• Proviso only applies to the object of advancement of any other object of
General Public Utility.
• Violations of the proviso to sec. 2(15) would make the provisions of sec.
13(8) applicable, which reads as follows
“Nothing contained in section 11 or section 12 shall operate so as to exclude any
income from the total income of the previous year of the person in receipt thereof
if the provisions of the first proviso to clause (15) of section 2 become applicable in
the case of such person in the said previous year.”
• Section 13(10) however provides a relief that in case section

13(8) is applied the deduction for expenses will be allowed subject to
condition.
Ahmedabad Urban Development Authority 143
taxmann .com 278 (SC)[19-10-2022]
Gist of the case:

• General Test u/s 2(15)
• Departmental Circular cannot bind the courts
• Maintaining separate books of accounts as per sec 11(4A)
• A.O. must on a yearly basis scrutinize the activities of the trust
Principals of AUDA (Supra) to be followed.-1
• A trust advancing general public utility cannot engage itself in any trade,
commerce or business, or provide service in relation thereto for any
consideration.
• In the course of achieving the object of general public utility, the concerned
trust can carry on trade, commerce or business or provide services in relation
thereto for consideration, provided that
• the activities of trade, commerce or business are connected to the achievement of its
objects of GPU and
• the receipt from such business or commercial activity or service in relation thereto,does
not exceed 20% of the total receipts of the trust (from 1-4-16)
• The charging of any amount towards consideration for such an activity (advancing
general public utility), which is on cost-basis or nominally above cost, cannot be
considered to be “trade, commerce, or business” or any services in relation thereto.
• It is only when the charges are markedly or significantly above the cost
incurred by the assessee in question, that they would fall within the mischief of “cess, or
fee, or any other consideration” towards“trade, commerce or business”.
Principals of AUDA (Supra) to be followed-2
• S.11(4A) must be interpreted harmoniously with S.2(15), with which there is no
conflict. Carrying out activity in the nature of trade, commerce or business, or service
in relation to such activities, should be conducted in the course of achieving the
GPU object, and the income, profit or surplus or gains must, therefore, be incidental.
• The requirement in S. 11(4A) of maintaining separate books of account is also in line

with the necessity of demonstrating that the quantitative limit prescribed in the proviso
to S.2(15), has not been breached. Similarly, the insertion of Section 13(8), seventeenth
proviso to S. 10(23C) and third proviso to S.143(3) (all w.e.f. 01.04.2009), reaffirm this
interpretation and bring uniformity across the statutory provisions.
• The amounts or any money whatsoever charged by a statutory corporation, board or any
other body set up by the state/central governments, for achieving what are essentially
‘public functions/services’, such receipts are prima facie to be excluded from the
mischief of business or commercial receipts.
New Noble Education Society
Gist of the case:
 Education redefined – Formal Schooling
 Character of incidental business activity will flow from main
activity
 Registration under other laws mandatory
Education
• ‘Education’ under the Constitution meant and included education at all levels,
from primary school up to post graduation, and also included professional
education. (TMA Pai Foundation v. State of Karnataka, 2002 (8) SCC 481)
• Thus, education i.e., imparting formal scholastic learning, is what the IT Act
provides for under the head of “charitable” purposes, under Section 2 (15) (Loka
Shikshana Trust v. Commissioner of Income Tax, (1976) 1 SCC 254.)
Incidental Business Activity
• Imparting education through schools, colleges and other such
institutions would be per se charity. Apart from that there could be
activities incidental to providing education.
• Only if the principal activity is carried out then the ancillary activities
supporting the principal activities of education could be considered as
incidental. Else it would fall under other heads of income i.e.
advancement of any other object of general public utility.
• It declared that the instant ruling will be prospective in nature to enable
the institutions to align their objects with the ruling.
Business Undertaking
17. (i) Whether the auditee has any business undertaking as referred to in sub-section (4) of Yes/No
section 11
(ii) If yes, then provide the following details of the business undertaking:
(a) Nature of Business Undertaking

(b) Business Code
Business Undertaking
(c) Whether separate books of account have been maintained for the business Yes/No
undertaking <refer note^>
(d) Amount in Rs.
Income from the business undertaking for the previous year which is not to be
included in the total income of the auditee as per sub-section (4) of section 11
(e) Amount in Rs.
Income from the business undertaking for the previous year which is to be
included in the total income of the auditee as per sub-section (4) of section 11
Extract of Note ^ to Form 10B : In serial number 17 (ii)(c) and 18(ii)(c) upload the Balance Sheet, Profit and Loss
Account and Audit Report in Form 3CA or 3CB as applicable (e-filing utility to provide upload facility) for the business
undertaking or business incidental to objects.
Business Incidental to Objects
18. (i) Whether the auditee has any income being profits and gains from any business as referred Yes/No
in seventh proviso to Clause (23C) of section 10 or sub-section (4A) of section 11, as the
aq
case may be
(ii) If yes, then provide the following details of such business: Yes/No
Business Incidental to Objects
(a) Nature of Business

(b) Business Code
(c) Whether separate books of account have been maintained for the business Yes/No
<refer note^>
(d) Whether the business is incidental to the attainment of the objects of the Yes/No
auditee
(e) Profits and gains from the business during the previous year Amount
in Rs.
Extract of Note ^ to Form 10B : In serial number 17 (ii)(c) and 18(ii)(c) upload the Balance Sheet, Profit and Loss Account
and Audit Report in Form 3CA or 3CB as applicable (e-filing utility to provide upload facility) for the business undertaking
or business incidental to objects.
TDS on Receipts
19. Details of the receipts of the auditee on which tax has been deducted at source referred to in sections 194C or
194J or 194H or 194Q :
Sr. Nam TAN Amoun Amou Sectio Category of income/receipt Income/receip Whether
No e of of t on nt of n t in column 7 separate books
Trade, Activity of Oth
. the ded which tax under or 8 which is of account have
commer rendering ers
dedu ucto tax has deduct which from business been
TDS on receipts
ce or any service (sp

ctor r been ed at tax incidental to maintained
business in relation ecif
deduct source has the attainment for
(Rs.) to any y
ed at been of the objects activities
trade, the
source deduc of the auditee. income/receipt
commerce nat
(In Rs.) ted at (In Rs.) which is
or business ure)
source mentioned in
(Rs.) (Rs.
column 10
)
(Yes/No)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Voluntary Contribution
20. Whether the provisions of twenty second proviso to clause (23C) of section 10 or sub- Yes/No
section (10) of section 13 are applicable. ap
21. Whether auditee has filed Form No. 10BD for the previous year < If No then skip to row Yes/No
Voluntary contributions
23 >
22. Total Sum of donations reported in Form No. 10BD furnished by the auditee for the (Amount in Rs..)
previous year
The bifurcation of VC as corpus donations requires that you check the letter from donee confirming
corpus donation and take the same on record. Similarly 10BD filed by trust should be kept on record.
23. Donations not reported in Form No 10BD /Not required to fill Form No. 10BD
(i) Donations received by fund or trust or institution of the auditee which is approved under Amount in Rs.
clause (b) of sub-section (2) of section 80G
(ii) Donations received by fund or trust or institution of the auditee which qualifies for Amount in Rs.
deduction under section 80G (other than those donations qualifying under clause (b) of
sub-section (2) of section 80G or sub-clause (iv) of clause (a) of sub-section (2) of section
80G )
Voluntary Contribution
(ii) Donations received by fund or trust or (a) Cash donations exceeding Rs. 2000 Amount in Rs.
institution of the auditee approved
under sub-clause (iv) of clause (a) of sub-
(b) Donations received from other Amount in Rs.
section (2) of section 80G and which are
charitable trusts and institution or from
not eligible under sub-section (5) of
any fund or institution or trust or any
section 80G
university or other educational
institutions or any hospital or other
medical institution not eligible for
deduction
(c) Others < Specify the nature> Amount in Rs.
(d) Total (a)+(b)+(c) Amount in Rs.
23 (iv) Donations which could not be reported in Form No 10BD due to non-availability of Amount in Rs.
. identification of donor as required under Form No 10BD
(v) Donations received in kind Amount in Rs
(vi) Anonymous Donations referred to in section 115BBC
(a) Amount of anonymous donation not taxable under section 115BBC on account Amount in Rs.
Voluntary contribution
of applicability of clause (i) of sub-section (1) of section 115BBC

(b) Amount of anonymous donation not taxable under section 115BBC on account Amount in Rs.
of applicability of clause (a) of sub-section (2) of section 115BBC
(c) Amount of anonymous donation not taxable under section 115BBC on account Amount in Rs.
of applicability of clause (b) of sub-section (2) of section 115BBC
(d) Other anonymous donations taxable @ 30 % under section 115BBC Amount in Rs.
(e) Total (a+b+c+d) Amount in Rs.
(vii) Any other voluntary contribution not part of Amount in Rs.
Form No. 10BD
(viii Total donation not reported in Form No 10BD [23(i)+23(ii)+23(iii)(d) Amount in Rs.
) +23(iv)+23(v)+23(vi)(e)+23(vii)]
24 Total voluntary contributions received by the auditee during the previous year Amount in Rs.
[22+23(viii)]
25. Total foreign contribution out of the total voluntary contributions stated in 24 Amount in Rs.
< Fill Schedule FC>
26. Voluntary Contribution forming part of corpus (which are included in 24) Amount in Rs.
Voluntary contributions
(A) Corpus representing donations received for the renovation or repair of Amount in Rs.
places notified under clause (b) of sub-section (2) of section 80G eligible for < Fill Schedule
exemption under Explanation 1A to the third proviso to clause (23C) of Corpus>
section 10 or Explanation 3A to sub-section (1) of section 11
(B) Corpus donations as referred to in clause (d) of sub-section (1) of section 11 Amount in Rs.
or Explanation 1 to the third proviso to section 10 (23C) eligible for < Fill Schedule
exemption and invested in modes specified under sub-section (5) of section Corpus>
11
27. Voluntary Contributions required to be applied by the auditee during the previous Amount in Rs.
year [24-{23(vi)(d)+26A+ 26B}]
Income to be applied
28. Income other than voluntary contributions derived from property held
under trust referred to in section 11 or income of fund or institution or trust Amount in Rs.
or any university or other educational institution or any hospital or other
medical institution (other than the contribution reported in serial number
24)
Income to be applied
29. Income applied outside India which is eligible under clause (c) of sub- Amount in Rs.
section (1) of section 11 < Fill Schedule Int App>
30. Income required to be applied in India by the auditee during the previous Amount in Rs.
year [27+28-29]
Application of Income
3 Application of Income (excluding application not eligible and reported under serial number 37)
1. (i) Total amount applied for charitable or religious purposes in India during the previous +Electronic ( Other than Amount
year In Rs) Electronic in Rs.
Refer Note ( In Rs.)
(a) Contribution or donation to any other person during the previous year Rs.
(b Object wise application other than the application provided in (a)
) (I) Religious Rs.

(II) Relief of poor Rs.
(III) Education Rs.
(IV) Medical relief Rs.
(V) Yoga Rs.
(VI) Preservation of environment (including watersheds, forests and wildlife) Rs.
(VII) Preservation of monuments or places or objects of artistic or historic interest Rs.
(VIII) Advancement of any other objects of general public utility Rs.
(IX) Application which cannot be specifically categorised under (I) to (VIII) Rs.
(X) Total Rs.
(c) Total application [(a) + (b)(X)] Rs.
Extract of Note to Form 10B- Electronic modes shall be the following modes
referred in rule 6AABA of the Income-tax Rules, 1962:
(a) Credit Card;

(b) Debit Card;
(c) Net Banking;
(d) IMPS (Immediate Payment Service);
(e) UPI (Unified Payment Interface);
(f) RTGS (Real Time Gross Settlement);
(g) NEFT (National Electronic Funds Transfer); and
(h) BHIM (Bharat Interface for Money) Aadhar Pay;
(i) Account payee cheques (Amended vide circular no. 6 of 2023 dated 24th May,
2023)
(j) Account payee draft (Amended vide circular no. 6 of 2023 dated 24th May, 2023)
31 (ii) Details of application out of (i) (a) and (i) (b) resulting in payment in excess of Rs. 50 lakh during the
. previous year to any person
Sr. Name of person PAN of Amoun Mode of application TDS

No. to whom such t of
amount paid person applicat

or credited ion
(Rs)
+Electronic Other Total Whether any Section

modes (Rs.) than TDS has been under
Electronic deducted which
modes TDS has
(Rs.) Yes/No been
deducte
d
31. (iii) Amount which was not actually paid during the previous year [if included in Amount in Rs.
(i)(c)]
(iv) Amount actually paid during the previous year which accrued during any Amount in Rs.
earlier previous year but not claimed as application of income in earlier
previous year
(v) Total amount to be allowed as application [31(i)(c)- 31(iii) +31(iv)] Amount in Rs.
Bifurcation of application in 31( v) into Revenue or Capital
(vi)
(a) Revenue
(b) Capital
(vii) Amount invested or deposited back in corpus which was applied during any Amount in Rs.
preceding previous year and not claimed as application during that previous < fill Schedule
year. Corpus>
(viii) Repayment of loan or borrowing during the previous year which was earlier Amount in Rs.
applied and not claimed as application during that previous year during that < fill Schedule LB>
previous year.
31. Amount to be disallowed from application
(ix) Amount disallowable under thirteenth proviso to clause (23C) of section 10 Amount in Rs.
or Explanation 3 to sub- section (1) of section 11 read with sub-clause (ia) of < fill schedule TDS>
clause (a) of section 40
(x) Amount disallowable under thirteenth proviso to section 10(23C) or Amount in Rs.
Explanation 3 to sub-section (1) of section 11 read with sub-section (3) or
(3A) of section 40A < fill schedule 40A(3)/

schedule 40A(3A)>
Donation to any fund or institution or trust or any university or other Amount in Rs.
(xi) educational institution or any hospital or other medical institution referred to
in sub - clauses (iv), (v), (vi) or (via) of clause (23C) of section 10 of the Act or
any trust or institution referred to in sections 11 or 12 of the Act towards
Corpus
(xii) Donation to Any fund or institution or trust or any university or other Amount in Rs.
educational institution or any hospital or other medical institution referred to
in sub - clauses (iv), (v), (vi) or (via) of clause (23C) of section 10 of the Act or
any trust or institution referred to in sections 11 or 12 of the Act.
31. (xiii) Donation to any person other than any fund or institution or trust or any Amount in Rs.
university or other educational institution or any hospital or other medical
institution referred to in sub - clauses (iv), (v), (vi) or (via) of clause (23C) of
section 10 of the Act or any trust or institution referred to in sections 11 or 12 of
the Act
(xiv) Application outside India for which approval under proviso to clause (c) of sub- Amount in Rs.
section (1) of section 11 has not been obtained
(xv) Application outside India for which approval under proviso to clause (c) of sub-
section (1) of section 11 has been obtained
(xvi) Applied for any purpose beyond the objects of the auditee Amount in Rs.
(xvii) Any other disallowance (Please specify) Amount in Rs.
(xviii) Total allowable application [ {31(v)+31(vii)+31(viii) – {31(ix) to 31(xvii) }] Amount in Rs.
(xix) Amount deemed to have been applied during the previous year under clause (2) Amount in Rs.
of Explanation 1 to sub- section (1) of section 11 < fill Schedule DI>
(xx) Income accumulated as per the provisions of Explanation 3 to the third proviso to Amount in Rs.
clause (23C) of section 10 or sub-section (2) of section 11 < fill Schedule AC>
(xxi) Income accumulated or set apart for application to charitable or religious Amount in Rs.
purposes or stated objects of trust or institution to the extent it does not exceed
15 % of the income
Section 115BBI
32. Taxable Income [30- {31(xviii) to 31(xxi)}] Amount in Rs.
33. Income taxable under section 115BBI

(a) Whether the auditee has any deemed income referred to in sub- Yes/No If yes Amount in Rs.
section (1B) of section 11 which is chargeable to tax @ 30 % under fill
section 115BBI and the amount of such deemed income? Schedule DI
Section 115BBI
(b) Whether the auditee has any deemed income referred to in Yes/No If yes Amount in Rs.
Explanation 4 to third proviso to clause (23C) of section 10 or sub- fill
section (3) of section 11 which is chargeable to tax @ 30 % under Schedule AC
section 115BBI and the amount of such deemed income?
(i) Whether income accumulated is applied for the purposes Yes/No Amount in Rs.
other than charitable or religious purposes or ceases to be
accumulated or set apart for application thereto
33. (b) (ii) Whether such income accumulated ceases to remain invested or Yes/No Amount in
deposited in any of the forms or modes specified in sub-section (5) of Rs.
section 11
(iii) Whether such income accumulated is not utilised for the purpose for Yes/No Amount in
which it is so accumulated or set apart during the period referred to in Rs.
clause (a) of Explanation 3 to third proviso to clause (23C) of section 10
Section 115BBI
or clause (a) of sub-section (2) of section 11
(iv) Whether such income accumulated is credited or paid to any trust or Yes/No
institution registered under section 12AA or section 12AB or to any Amount in
fund or institution or trust or any university or other educational Rs.
institution or any hospital or other medical institution referred to in
sub-clause (iv) or sub-clause
(v) or sub-clause (vi) or sub-clause (via) of clause (23C) of section 10
33. (c) (i) Whether the auditee has any income which is income not to be Yes/No Amount in Rs.
excluded from the total income under twenty first proviso to
clause (23C) of section 10 or clause (c) of sub-section (1) of
section 13 which is chargeable to tax @ 30 % under section
115BBI and the amount of such income
(ii) Whether the auditee has any income which is not to be Yes/No Amount in Rs.
excluded from the total income under clause (b) of third proviso
to clause (23C) of section 10 or clause (d) of sub-section (1) of
Section 115BBI
section 13 which is chargeable to tax @ 30 % under section

115BBI and the amount of such income
(d) Whether the auditee has any income accumulated or set apart in Yes/No Amount in Rs.
excess of fifteen per cent. of the income where such accumulation is
not allowed under any specific provision of the Act and which is
chargeable to tax @ 30 % under section 115BBI and the amount of
such income ?
(e) Whether the auditee has made any application out of India which is Yes/No Amount in Rs.
not excluded from total income under clause (c) of sub-section (1) of < If yes fill
section 11 schedule Int
App>
Other Income
34. Anonymous donation which is chargeable to tax @ 30 % under section Amount in Rs.
115BBC
Other Income Amount in Rs.
(a) Whether the auditee has any income Yes/No Amount in Rs.
35. chargeable under section 12(2) and the
amount of such income.
(b) Income as per Explanation 3B to sub-section (1) of section 11 in case Amount in Rs.
Other Income
of violation of clause (a) or (b) or (c) or (d) of Explanation 3A to sub- < Fill Schedule Corpus>
section (1) of section 11 read with clause (b) of sub-section (2) of
section 80G
(c) Income as per Explanation 1B to the third proviso to clause (23C) of Amount in Rs
section 10 in case of violation of clauses (a) or (b) or (c) or (d) of < Fill Schedule Corpus>
Explanation 1A to the third proviso to clause (23C) of section 10 read
with clause (b) of sub-section (2) of section 80G
(d) Income chargeable under sub-section (4) of section 11 Amount in Rs.
Capital Asset
36. Details of capital asset transferred under sub-section (1A) of section 11
(1) Whether a capital asset being property held under trust wholly for Yes/No Amount in Rs.
charitable or religious purpose is transferred and the net
consideration for which it is transferred?
Capital Assets
(2) Whether deemed application is claimed as per clause (a) of sub- Yes/No Amount in Rs.
section (1A) of section 11 and the amount of such deemed
application?
(3) Whether a capital asset being property held under trust in part only Yes/No Amount in Rs.
for charitable or religious purpose is transferred and the net
consideration for which it is transferred?
(4) Whether deemed application is claimed as per clause (b) of sub- Yes/No Amount in Rs.
section (1A) of section 11 and the amount of such deemed
application?
Application of income out of different sources
37. Application of income out of the following sources during the previous year
(A) Income accumulated under third proviso to +Electronic modes Other than Electronic Total Amount (Rs.)
clause (23C) of section 10 or under sub- modes (Rs.) < Fill schedule AC>
section (2) of section 11 during any earlier (Rs.)
previous year
(B) Income deemed to be applied in any +Electronic modes Other than Electronic Total Amount (Rs.)
preceding year under clause (2) of Explanation (Rs.) modes (Rs.) < Fill schedule DI>
1 to sub-section (1) of section 11 during any
earlier previous year
(C) Income of earlier previous years up to 15% +Electronic modes Other than Electronic Total Amount (Rs.)
accumulated or set apart (Rs.) modes (Rs.)
(D) Corpus +Electronic modes Other than Electronic Total Amount (Rs.)
(Rs.) modes (Rs.) < Fill Schedule
Corpus>
(E) Borrowed fund +Electronic modes Other than Electronic Total Amount (Rs.)
(Rs.) modes (Rs.) < Fill Schedule LB>
(F) Any other (Please specify) +Electronic modes Other than Electronic Total Amount (Rs.)
(Rs.) modes (Rs.) < Fill Schedule LB>
38. Details of application resulting in payment or credit in excess of Rs. 50 lakh during previous year to a
single person out of 37
S.no Name PAN Amount of Mode of Application TDS
of application
person (Rs.)
+Electroni Other Total Whether Section Amou
c modes than any TDS under which nt of
Electron has been TDS has been TDS
ic deducted Deducted
modes (Yes/No)
13(10) and 22nd proviso to section 10(23C)
39. (i) Whether provisions of twenty second proviso to clause (23C) of section 10 or sub-section (10) of Yes
section 13 are applicable? /No
If yes in (i) specify the reason why the provisions of twenty second proviso to clause (23C) of section
13(10) and 22nd proviso to section 10(23C)
10 or sub-section (10) of section 13 are applicable?

(a) Provision of proviso to clause (15) of section 2 is applicable 4
(b) condition specified in clause (a) of tenth proviso to clause (23C) of section 10 or sub-
clause (i) of clause (b) of sub-section (1) of section 12A have been violated
(ii)
(c) condition specified in clause (b) of tenth proviso to clause (23C) of section 10 or sub-
clause (ii) of clause (b) of sub-section (1) of section 12A have been violated
(d) condition specified in twentieth proviso to clause (23C) of section 10 or sub-clause (ii)
of clause (ba) of sub-section (1) of section 12A have been violated
(iii) If yes in (i), please provide computation of income chargeable under twenty second proviso
to clause (23C) of section 10 or sub-section (10) of section 13
(a) Income for the previous year
(b) Total Expenditure incurred in India, for the objects of the auditee,
c Expenditure to be disallowed
Expenditure from the corpus standing to the credit of the trust or institution as on the end of the
(i) financial year immediately preceding the previous year relevant to the assessment year for which Amount in Rs.
income is being computed
(ii) Expenditure from any loan or borrowing Amount in Rs.
(iii) Depreciation in respect of an asset, acquisition of which has been claimed as application of income,
Amount in Rs.
in the same or any other previous year; and
(iv) Expenditure in the form of contribution or donation to any person. Amount in Rs.
(v) Capital expenditure Amount in Rs.
Amount in Rs.
(vi) Amount disallowable under Explanation to sub-section (10) of section 13 or Explanation to twenty < fill schedule TDS
second proviso to clause (23C) of section 10 read with sub-clause (ia) of clause (a) of section 40 disallowable >
Amount in Rs.
(vii) Amount disallowable under Explanation to sub-section (10) of section 13 or Explanation to twenty < fill schedule
40A(3)/Schedul e
second proviso to clause (23C) of section 10 read with sub-sections 3 or 3A of section 40A 40A(3A)>
(viii) Any other disallowance Amount in Rs.

(ix) Total expenditure to be disallowed (i)+(ii)+(iii)+(iv)+(v)+(vi)+(vii))+(viii)) Amount in Rs.
Income chargeable to tax under twenty-second proviso to clause (23C) of section 10 or sub-section (10) Amount in Rs.
(d) of section 13 [ a – b+c(ix)}]
Expenditure Incurred for Religious
In case auditee is approved under second proviso to sub-section (5) of section 80G, please provide
the following details
Whether any amount of expenditure incurred during the previous Yes/No If yes
for Religious Purposes
(a) year which is of a religious nature and the amount of such specify
Expenditure Incurred
expenditure amount
in Rs.
40. (b) Total income of auditee during the previous year Amount in
Rs.
Percentage of expenditure which is of religious nature to the total income [ %
(c) Amount in (a)/(b)]
The Provisions of law provide that a trust which has 80G registration is not allowed to spend more than 5% of its income
towards religious activity. The auditor is required to identify the religious expenses and certify the same and see that the
expenses are less than 5% failing which the registration under section 80G would be cancelled. The identification of
expenses for religious nature would be another issue the auditor has to deal with.
Person referred to in 13(3)
Details of specified person* as referred to in sub-section (3) of section 13
Code of Name of such PAN of such Aadhar Addre If code 2
Person person person number of ss of selected in
41. referred to in such person, if such column (1)
sub-section allotted person specify the
(3) of section amount of
13 contribution
made to the
<Refer
auditee
Note^^>
The auditor should take an Management representation with regards to related persons covered under
section 13(3) and also mention the fact that he has relied on the said MR by the trust in the main report.
Note^^ : In serial number 41, select one or more of the following codes for specified person:
S. Nature of person Code

No.
(1) the author of the trust or the founder of the institution 1
(2) any person who has made a substantial contribution to the trust or institution, that is to say, any person whose 2
total contribution up to the end of the relevant previous year exceeds fifty thousand rupees
(3) where such author, founder or person is a Hindu undivided family, a member of the family 3
(4) any trustee of the trust or manager (by whatever name called) of the institution 4
(5) any relative of any such author, founder, person, member, trustee or manager as aforesaid 5
(6) any concern in which any of the persons referred above have a substantial interest. 6
42. Details of transactions referred to in section 13 (2)
Whether any part of the income or property of the auditee is, or continues to be, lent to any specified person Yes/No
< If yes, fill
(a) for any period during the previous year without either adequate security or adequate interest or both Schedule
SP-a>
Whether any land, building or other property of the auditee is, or continues to be, made available for the use Yes/No
< If yes, fill
(b) of any specified person, for any period during the previous year without charging adequate rent or other Schedule
compensation; SP-b >
Whether any amount is paid by way of salary, allowance or otherwise during the previous year to any Yes/No
< If yes, fill Schedule
(c) specified person out of the resources of the trust or institution for services rendered by that person to such SP-c >
auditee and the amount so paid is in excess of what may be reasonably paid for such services;
Yes/No
(d) Whether the services of the auditee are made available to any specified person during the previous year SP-d >
without adequate remuneration or other compensation;
Yes/No
Whether any share, security or other property is purchased by or on behalf of the auditee from any specified SP-e1/
(e)
person during the previous year for consideration which is more than adequate; e2>
Yes/No
Whether any share, security or other property is sold by or on behalf of the auditee to any specified person SP-f1/
(f) during the previous year for consideration which is less than adequate; f2>
Yes/No
(g) < If yes, fill Schedule
Whether any income or property of the auditee is diverted during the previous year in favour of any specified SP-g >
person
Yes/No
Whether any funds of the auditee are, or continue to remain, invested for any period during the previous < If yes, fill
(h) year, in any concern inwhich any specified person has a substantial interest. Schedule
SP-h >
Transactions with persons specified u/s 13(3)
• The table provides for transaction type entered with related party
• It provides that if the transactions are not at arms length the auditor is
required to report the same.
• He is required to provide the amount of such excess paid.
• The auditor needs to look at all transactions with related party and see that
they keeps comparable arms length transaction on record.
• The table does not provide for the reporting of transaction if it is at arms
length. There is likely to be huge stress on auditor who will have to see that
the related party transactions are at arms length.
Specified Violation
43. Specified Violation
Whether the auditee has incurred any specified violation as referred to in Explanation 2 to the fifteenth
proviso to clause (23C) of section 10 or Explanation to sub-section (4) of section 12AB and the amount of Yes/No Amount in Rs.
such violation
(a) Income of the auditee has been applied, other than for the objects of the trust or institution. Yes/No Amount in Rs.
Expenditure Incurred for Religious Purposes
Whether the auditee has income from profits and gains of business which is not incidental to the
(b) attainment of its objectives or separate books of account are not maintained by auditee in respect Yes/No Amount in Rs.
of the business which is incidental to the attainment of its objectives.
Whether the auditee, referred to in clause (a) of sub-section (1) of section 13, has applied any part
(c) of its income from the property held under a trust for private religious purposes, which does not Yes/No Amount in Rs.
enure for the benefit of the public.
(d) Yes/No Amount in Rs.
Whether the auditee, referred to in clause (b) of sub-section (1) of section 13, has applied any part
of its income for the benefit of any particular religious community or caste.
(e) Yes/No Amount in Rs.
Whether any activity being carried out by the auditee is not genuine or is not being carried out in
accordance with all or any of the conditions subject to which it was registered.
Whether the auditee has not complied with the requirement of any other law, for the time being in
(f) force, and the order, direction or decree, by whatever name called, holding that such non- Yes/No < If yes, fill
compliance has occurred, has either not been disputed or has attained finality. schedule
other law
violation>
44. If yes specify the
Whether there is any claim of depreciation or otherwise has been made in terms of Explanation 1 to Yes/No amount
clause (23C) of section 10 or sub-section (6) of section 11 in respect of any asset, acquisition of which
has been claimed as an application of income and the amount of such depreciation?
45. In view of provisions of nineteenth proviso to clause (23C) of section 10 or sub-section (7) of section
11, please specify whether the trust or institution has claimed deduction under section 10 [other Yes/No Amount in Rs.
than clause (1), clause (23C) and clause (46) thereof] during the previous year and the amount of such
claim?
46. Whether the auditee has taken or accepted any loan or deposit or any specified sum, exceeding the Yes/No Amount in Rs.
limit specified in section 269SS during the previous year? (If yes, fill Schedule
269SS)
47. Whether the auditee has received an amount exceeding the limit specified in section 269ST, from a Yes/No Amount in Rs.
person ina day; or in respect of a single transaction; or in respect of transactions relating to one
(If yes, fill Schedule
event or occasion from a person during the previous year? 269ST)
48. Whether the auditee has repaid any amount being loan or deposit or any specified advance exceeding Yes/No Amount in Rs.
the limit specified in section 269T, during the previous year? (If yes, fill Schedule
269T)
49. Whether the auditee is required to deduct or collect tax as per the provisions of Chapter XVII-B or Yes/No (If yes, fill Schedule
Chapter XVII-BB? TDS/TCS/
Statement of
TDS/TCS/ Interest
on TDS/TCS as
applicable)
The schedules for loans taken and repaid have to be filled on the same lines as the form 3CD.
Schedule Corpus : Details of Corpus
Type of Opening Received Applied Amount Total Financial Closing Invested Amount Invested Invested in mode s other than specified in
Corpus balance /Treated during invested amount year in balance in mode taxed in in mode section 11(5) as on last day of the previous
donation at the as the or invested which (4) (7) [(1+2 s specif previo us s other year (10)
beginnin corpus previous deposite or depos was +5)-3] ied in assess than
g of the during year d back in ited back applied section ment specif
previous the (3) to in to earlier 11(5) (8) year (9) ied in
year previous corpus corpus sectio n
Amount Contribu Maintain Invested
(Corpus year (which (5) 11(5) as
applied tion or ed as not or
not (2) was on last
out of donation separatel deposite
applied earlier day of
corpus to any y d in the
till the applied the previ
for the person identifia forms
beginnin and not ous year
purpose ble and
g of the claimed (10)
other modes
previous as
then for other
year) applicati
which than
(1) on if
the those
such
voluntar specified
applicati
y under
on
contribut 11(5)
fulfilled
ion was
the
made
conditio
ns)
(4)
Schedule FC: Details of foreign contribution
Schedule FC: Details of foreign contribution
Nature of foreign Amount of foreign contribution Details of the total application from
contribution received during received during the previous years such contribution during the previous
the previous year (In Rs.) year
Amount In Rs.
(i) Corpus
(ii) Non- corpus
Total
Due date for filing of FCRA Annual Return (FC-4) is 31st December, 2023
Schedule LB: Details of Loan and Borrowing
Schedule LB: Details of Loan and Borrowing
Opening Loan and Applied for Amount of Financial Total Closing Balance
balance borrowings the objects repayment of loan year in repayment of as on 31st March
as on 1st taken for of the trust or borrowing which (4) loan or (1+2-6=7)
April of the application or during the was applied borrowing
previous s towards institution previous year (which was earlier during the
year objectives during the earlier applied and not previous year
during the previous claimed as (In Rs.)
previous year application if such
year application
fulfilled the
conditions as
required)
(1) (2) (3) (4) (5) (6) (7)
Schedule Int App : Details of income applied
outside India
Schedule Int App: Details of income applied outside India
S.No. Name of Taxpayer Amount Amount Charitabl Country Whether If approval for
the person Identificat of of e or of applied for application outside India
to whom ion remittan remittan religious applicati promoting has been taken
remittanc Number ce out of ce purpose on international Approv Genera Date of
e is made i India outside for welfare al l/ approv
f available which is India which in numbe special al
reported other applicati which India is r
in Form than (4) on is interested
No. (In Rs.) made and is and
15CA (In not to be
Rs.) included in
total
income of
the auditee?
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Schedule DI: Details of deemed application under Explanation 1 to sub-section (1) of section 11 and deemed income under
sub-section (1B) of section 11 S3
Year in Date of Amount Reason of Out of Amount Out of the Amount of Amount Balance
which furnishi deemed to deeming the taxedin any deemed deemed which Amoun
income ng Form be applied application deemed earlier application applicatio could not t of
is 9A during the (a)income applicati assessment clamied, n claimed be applied deeme
deemed (dd/mm previous has not on year out of amount in earlier and d
to be /yyyy) year been claimed the amount required to be years, deemed to applicat
applied referred to received earlier, referred to applied during applied be income ion
(F.Y.) in column during that amount in column the financial during the under
1 year required (5) year financial section
(b)any other to be (Fill pertaining to year 11(1B)
reason applied schedule current relating to during the
DA) assessment current AY previous
year year
(1) (2) (3) (4) (5) (6) (7)=(5)-(6) (8) (7)-(8)=(9) (5)-
(7)=(10)
Dropdo Dropdowns
wns to to be
beprovi provided
ded
Schedule DA
Schedule DA: Details of accumulated income taxed in earlier assessment years as per sub-section (1B) of section 11
Assessment year in which the amount referred to in column (4) of schedule DI was taxed
Dropdowns to be provided last five previous years beginning from the previous year preceding the
current previous year
Year of
accumulation Yyyy – yyyy Yyyy – yyyy Yyyy –yyyy Yyyy – yyyy Yyyy – yyyy
(F.Y.)
Dropdowns to
be provided
for last five
previous years
beginning
from the
current
previous year
Yyyy – yyyy
Total
Certification of accumulation under clause 2 to explanation 1 of section
11(1)-Schedule DI and DA- (Form 9A)
• Auditor is required to give:

a) Last five years details
b) Details of accumulation and utilization.
• Whether the trust has shown the income accumulated in the following year or
in the year of receipt.
• Certify the tax paid in earlier years under section 11(1B) where the trust was
not able to utilize the funds of the trust as provided while accumulation.
Schedule AC : Details of Accumulation
Schedule AC: The details of accumulation
Purpos Balance Balance Amount

S. Year Date Amount e Balanc Amount Amounts Amount Amount Amoun Amount Amount
Amoun available amount deemed
No. of of Accumul of e taxed applied Applied credited t inves which
accum t for appli available is not To be
furnis ated to be in for for Or Paid to Investe ted or
Accum Applied cation Purposes for appli depos utilised income
ulation hing in the app any Charita Any Trust d
cation within
(F.Y.) Year of ulation for lied earlier (6)-(7) ble or other or or Ited during
Form Charita asses than (8) – in the the theme
accum institution depo
10 (3)-(5) smen Religious the (9) – modes period Aning of
ulation ble registered sited other of sub-
Dd/m t(Fill purpose Purpose (10)–
Or under (11) In the accum sectio
m/yyy sched during for than
religi section modes
y the Specifie ulation n (3)
Ule which 12AB or spec
ous/ previous such in of
purp ACA) approved ified Section (if applic sectio
oses year accum under sub- able)
in 11(5) n 11
up to out of ulation clauses section out
the previous was (iv)or(v)or 11(5) Of (12) (if
begi years’ made (vi)or(via) out (if appli Applic
nning accum (if applic of clause Of (12) cable)
able)
of .ulation able) (23C) of
the section 10 (10)+
(if (11)+
Previous (14)+
year applicable)
(15)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16)
Provide dropdo
wn
Schedule ACA
Schedule ACA: Details of accumulated income taxed in earlier assessment years under sub-section (3) of section 11
Assessment year in which this amount was taxed
Dropdowns to be provided last five previous years beginning from the previous year preceding the
current previous year
Year of Yyyy – yyyy Yyyy – yyyy Yyyy – yyyy Yyyy – yyyy Yyyy – yyyy
accumulation
(F.Y.)
Dropdowns to be
provided for last
five previous
years beginning
from the current
previous year Yyyy
– yyyy
Total
Schedule SP-a
Schedule SP-a: Whether any part of income or property of the auditee is lent, or continues to be lent, to the specified
person during the previous year?
S. Name of PAN of Details Details of Security Details of interest

No. specified specified
person person
Nature of Amount for Nature Value of Value of Actual Adequate
income or which income or of security adequate rate of rate of
property property is, or security security interest Interest
which is continues to be, that is
lent lent to specified charged
person for any
period during
the previous
year
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Schedule SP-b
Schedule SP-b: Details of land, building or other property of the auditee which is, or continues to be, made available
during the previous year for use of the specified person, during the previous year :s
S. No. Name of PAN of Details of asset Duration for which Details of rent for Details of other
specified specifie asset is, or continues the previous year compensation for the
person d to be, made previous year
person available for the use
of specified person
during the previous
year,
Nature of Addr From To Amount Adequa Nature Amount Adequa
asset ess dd/mm/y dd/mm/ of rent te rent of te
y yy yyy y compen compen
sation sation
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
< land/
building/
other
property >
Schedule SP-c
Schedule SP-c: Details of salary, allowance or otherwise which is paid to the specified person out of the resources of the
auditee for services rendered by him during the previous year
S. No. Name of PAN of Nature of Details of payment for the previous year
specified specified services
person person rendered by Nature of Amount of Reasonable
specified payment payment (in Rs) amount for
person services
(1) (2) (3) (4) (5) (6) (7)
< Salary/
Allowance/
Otherwise
(please
specify)>
Schedule SP-d
Schedule SP-d: Details of the services of the auditee are made available to the specified person during the previous year?
S. No. Name of PAN of Details of services Details of Details of compensation for the
specified specified remuneration for the previous year
person person previous year
Nature of Value of Actual Adequate Nature of Actual Adequate
services made services amount of remunerat compensa amount of compensa
available made remunerat ion for the tion for compensa tion
available ion for the service the tion for
(In Rs.) service service the
service
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Schedule SP – e 1
Schedule SP- e 1 : Details of any share, security is purchased by or on behalf of the auditee from the specified person during the previous year?
S. Name PAN of Nature of Details of Shares or Security Details of other property being movable
No. of specified property
specifi person purchased
ed
person
Name of the Number Price Total Adequat Natu Number Price Total Adequ
company/ of shares of consid e re of of of consider ate
concern of purchase each er consider prop property proper ation paid Consid
which the d during share/ ation ation for erty purchase ty for property eration
shares are the se paid shares or d during the
purchase d previous curity share security previous
year or year
securit
y
<Share/Security/
Other Property>
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)
Schedule SP – e 2
Schedule SP- e 2 : Details in case of other property being immovable:
Name of PAN of Type of Address Area (in Sq ft) Stamp Details of Consideration
S. No. specified specified asset of duty value
person person property Amount of Adequate
consideration consideration
paid for asset for asset
< Land/
Residential/
Commercial
Property
etc)>
Schedule SP – f 1
Schedule SP- f 1: Details of any share, security sold by or on behalf of the trust or institution to a specified person during the previous year?
S. Name PAN of Nature of Details of Shares or Security Details of Other Property being Movable
No of specifie property
specif d person sold
ied
perso
n
Name of Number Price of Total Adequate Nature Number Price of Total Adequ
the of each consider considera of of movab consideratio ate
Company shares share or ati on tion for movab movabl le n for consid
or Concern sold security share Share or le e property property eratio
of during the /security security proper properti during the n
which the previous ty es sold previous
shares are year year
sold
<Share/
Security/
Other
Property>
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)
Schedule SP – f 2
Schedule SP- f 2: Details in case of other property being immovable:
S. Name of PAN of Type of asset Address of Area (in Stamp Details of Consideration
No. specified specified property Sq ft) Duty
person person Value Amount of Adequate
consideration for consideration for
asset asset
<Land/
Residential/
Commercial
Property etc>
Schedule SP – g
Schedule SP-g: Details of any income or property which is diverted during the previous year in favour of any
specified person
S Name of specified person in whose PAN of specified Details of Income or property that is diverted
No favor income or property diverted person
Nature of Income or Value of income or
property that is property that is
diverted diverted
(In Rs.)
(1) (2) (3) (4) (5)
Schedule SP – h
Schedule h : Details of any funds that are, or continue to remain, invested in any concern during the previous year in
which the specified per son has a substantial interest
S No Details of the Concern in which funds are, or continue to remain, invested
Nature of Name of Address Amount duration of investment Nature of Income Name of PAN of Nature of Nature of
concern concern of that is or during the previous investme from specified specified substantia concern
in which concern continues year nt investme person person l interest in which
funds are to remain nt during having funds
continue invested the year substantia are
to remain in l interest continue
invested concern in to remain
during concern invested
the year
(In Rs.)
<
Company/
Others >
Schedule other law violation
S.no Name of law Nature of Date of order, Whether the order, If yes, whether Has the dispute
under which noncomplia direction or decree, direction or decree has dispute has attained been finalised in
non- nce holding that such been disputed before finality favour of the
compliance noncompliance has any court or appellate auditee
has occurred occurred forum
Schedule TDS disallowable: Details of amounts inadmissible amount disallowable under thirteeSchedule TDS
disallowable: Details of amounts inadmissible amount disallowable under thirteenth proviso to clause (23C) of
section 10 or sub- section (1) of section 11 read with sub-clause (ia) of clause (a) of section 40:
(a) Details of payment on which tax is not deducted

Date of Payment Amount of Nature of payment Name of PAN or Address of Payee
Dd/mm/yyyy payment payee Aadhar of
(In Rs.) payee, if
available
(1) (2) (3) (4) (5) (6)

(b) Details of payment on which tax has been deducted but has not been paid on or before the due date specified in
sub- section (1) of section 139
Date of Payment Amount of Nature of Name PAN or Address of Amount of Amount out
Dd/mm/yyyy payment payment of Aadhar Payee tax deducted of (7)
(In Rs.) payee of payee, deposited, if
if any
available
(1) (2) (3) (4) (5) (6) (7) (8)
Schedule 40A(3)
Schedule 40A(3): Details of amount is disallowable under thirteenth proviso to section 10(23C ) or Explanation 3 to sub-
section (1) of section 11 read with sub-section (3) of section 40A
S. Date of payment Amount of Nature of Details of payee

No Payment (in Payment (In
Rs.) Rs.)
Name PAN or Aadhar, Address

if available
Schedule 40A(3A)
Schedule 40A(3A): Details of Amount disallowable under thirteenth proviso to section 10(23C )/sub-section (1) of section
11 read with sub- section (3A) of section 40A
S. Date of Amount Nature Details of payee

No payment
Name PAN or Aadhar, Address

if available
Schedule 269SS: Details of loan or deposit or any specified sum taken, exceeding the limit specified in section 269SS during the
previous year
S.No Name of the PAN or Address Loan or Amount of Whether Maximum By cheque Whether
lender or aadhar, if deposit or loan or the loan or amount or Bank account
depositor available any deposit deposit outstandin draft or use payee if by
specified taken or was g in the of cheque or
sum accepted squared up account at electronic Bank draft?
during the any time clearing
previous during the system
year? previous through a
Yes/No year bank
account or
any other
mode
Schedule 269ST
Schedule 269ST: Details of amount received exceeding the limit specified in section 269ST, from a person in a day; or in
respect of a single transaction; or in respect of transactions relating to one event or occasion from a person during the
previous year?
Details of Payer and amount of payment
Sr. No Name PAN, if available Address Amount of payment
Amended vide notification no. 45/2023/ F. No. 370142/18/2023-TPL dated 23rd June,
2023
Note : Particulars in Schedule 269ST need not be given in the case of receipt by or payment to a Government
company, a banking Company, a post office savings bank, a cooperative bank or in the case of transactions referred
to in section 269SS or in the case of persons referred to in Notification No. S.O. 2065(E) dated the 3rd July, 2017;
Schedule TDS/TCS
Schedule TDS/TCS
Tax Section Nature of Total amount Total amount Total amount Amount of Total amount Amount of Amount of
Deduction payment of payment on which tax on which tax tax deducted on which tax tax deducted tax deducted
and or receipt of was required was or collected was or collected or collected
Collection the nature to be deducted or out of (6) deducted or on (8) but not
Account specified in deducted or collected at collected at deposited to
Number column (3) collected out specified less than the credit of
(TAN) of (4) rate out of specified the Central
rate out of Government
(7) out of (6)
and (8)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Schedule Statement of TDS/TCS
Schedule Statement of TDS/TCS
Tax deduction and Type of Form Due date for Date of furnishing, if Whether the
collection account furnishing furnished statement of tax
number (TAN) deducted or collected
contains information
about all transactions
which are required to
be reported
(1) (2) (3) (4) (5)
Schedule Interest on TDS/TCS
Schedule Interest on TDS/TCS
Tax deduction and Amount of interest under Amount paid out of column Date of payment
collection account number section 201(1A) or 206C(7) (2) Dd/mm/yyyy
(TAN) is payable
(1) (2) (3) (4)
Clauses in Form 10B and Form 10BB
Section of Income Clause Number in Clause Number
Sr. No. Clause
Tax Act, 1961 Form 10B in Form 10BB
1 Basic Details 1-6 1–6
2 Legal 7–8 7–8
3 Registration Details 9 -
4 Management 10 9
5 Objects 2(15) 11 - 12 -
6 Commencement of Activities 12A(1)(ac)(viii) 13 10
7 Details of place where books are maintained Rule 17AA 14 11
8 Advancement of General Public Utility Proviso to 2(15) 15 – 16 -
9 Business Undertaking 11(4) 17 -
10 Business incidental to objects 11(4A) 18 -
11 TDS on Receipts 194C/J/H/Q 19 -
80G & Form
12 Voluntary Contribution 20 - 27 12 – 20
10BD&115BBC
13 Income to be applied 28 – 30 21 – 22
14 Application of Income 11 31 23
15 Taxable Income 32 24
Clauses of Form 10B and Form 10BB
Section of
Sr. Clause Number Clause Number
Clause Income Tax Act,
No. in Form 10B in Form 10BB
1961
16 Section 115BBI 115BBI 33 25
17 Section 115BBC 115BBC 34 26
18 Other Income 12(2) / 11(3B) 35 -
19 Capital Asset 11(1A) 36 -
20 Application out of different sources 37 - 38 27
21 13(10) & 22nd proviso to section 10(23C) 13(10) 39 -
22 Expenditure incurred for religious purpose 40 -
23 Person referred in section 13(3)/ 13(2) 41 - 42 28 – 29
24 Specified violation 12AB(4) 43 - 44 30 – 31
25 Section 10 deduction 45 -
26 269SS 46 -
27 269ST 47 -
28 269T 48 -
29 TDS details ( Expenses ) 49 32
Common Clauses in Form 10B & ITR-7 (Continued)
Clause Number
Clause FORM 10B Schedule no. in ITR ITR - 7
in Form 10B
1 to 8 Basic Details Applicable Part A-Gen A2 –A12 Applicable with lesser details
9 Registration Details Applicable Part A-Gen A19 Applicable
10 Management Applicable A29-ii-A & A29-ii-B Applicable
11 to 12 Objects Applicable A24 Applicable
Advancement of General
15 Applicable A23 Applicable with lesser details
Public Utility
Applicable
20 Sec 13(10) applicable A26 Applicable with lesser details
21 to 27 Voluntary Contribution Applicable Sch. VC Applicable with very few details
Sch. AI & part B-TI
28 to 30 Income to be applied Applicable Applicable with lesser details
clause 5
Applicable with lesser details
31 Application of Income Applicable Sch. A & J
Amount to be disallowed from
32 Applicable Part BT-I & Sch .A Applicable
application
33 Section 115BBI Applicable Sch. 115BBI Applicable with lesser details
35 Other Income Applicable Part B TI-B1 Applicable
Application of income out of Applicable Applicable
37 Sch. A-C
different sources
Common Clauses in Form 10B & ITR-7
Clause
Schedule no. in
Number in Clause FORM 10B ITR - 7
ITR
Form 10B
39 13(10) and 22nd proviso to section 10(23C) Applicable Part B TI Applicable
Applicable with very few
41 Person referred to in 13(3) Applicable Part A-Gen A29-ii-C
details
Schedule
Details of Corpus Applicable Schedule J – A1 Applicable
Corpus
Schedule FC Details of Foreign Contribution Applicable Schedule VC – B Applicable
Schedule LB Applicable
Details of Loan and Borrowing Schedule J – A2 Applicable
Schedule Int Applicable Schedule A – B – 5
Details of Income applied outside India Applicable
App &6
Schedule DI Details of deemed application Applicable Schedule D Applicable
Schedule DA Details of accumulated income taxed 11(1B) Applicable Schedule DA Applicable
Schedule AC Details of accumulation Applicable Schedule I Applicable
Schedule
Details of accumulated income taxed 11(3) Applicable Schedule IA Applicable
ACA
Schedule
Details of amount is disallowable u/s 40A Applicable Part B TI - 7(v) Applicable
40A(3)
Schedule Details of amount is disallowable u/s 40A(3A) Applicable Part B TI - 7(v) Applicable
40A(3A)
COMMON SCHEDULES IN INCOME TAX RETURN AND FORM
10B
Sr. No. Schedule in ITR Schedules in Form 10B Particulars
1 Schedule I Schedule AC Details of accumulation u / s 11(2)
2 Schedule IA Schedule ACA Details of accumulation u/s 11(3)
3 Schedule D Schedule DI Details of deemed application u/s 11(1)
4 Schedule DA Schedule DA Details of accumulation taxed in earlier A.Y. u / s 11(1B)
5 Schedule J – A1-A & B Schedule Corpus Investment of funds
6 Schedule J – A2 Schedule A2 Details of Loans and borrowings
THANK YOU

Income Tax Provision For Charitable Trust-1

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Income Tax Provision For Charitable Trust-1

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INCOME TAX PROVISION FOR

CA Pramod Kumar Himmatsinghka

Explanation to Section 11(1)(a) and (b):

Disallowance u/s 40(a)(ia) & 40A(3)

No Application- Depreciation Allowance

(ii) Changes in sub-section (1)(ba) – (timely filing of Returns)

FORM 10B FORM 10BB

(ii) If such trust or institution has received any foreign

(iii) If such trust or institution has applied any part of its

Voluntary Contributution/Donations : 12,50,94,237

Corpus Donations 6,16,100 66,35,211 Surplus 1,89,62,918

Less 15% Accumulation of above 2,54,21,851

2018-19 1,54,74,266 1,54,74,266 0

Total Income 1,00,00,000

Less Permitted Accumulation 15% 15,00,000

Sl. Content Form Sl. Content Form

02. Sections 22 02. Sections 09

03. Schedules 26 03. Schedules 06

04. Notes 12 04. Notes 06

8. Whether the auditee is established under an

S.No Object Code

to keep at such place

general public utility then,-

Amount of aggregate annual receipts from activities

• Section 13(10) however provides a relief that in case section

Gist of the case:

• The requirement in S. 11(4A) of maintaining separate books of account is also in line

(a) Nature of Business Undertaking

(a) Nature of Business

ce or any service (sp

(vi) Anonymous Donations referred to in section 115BBC

of applicability of clause (i) of sub-section (1) of section 115BBC

) (I) Religious Rs.

(a) Credit Card;

Sr. Name of person PAN of Amoun Mode of application TDS

amount paid person applicat

+Electronic Other Total Whether any Section

(3A) of section 40A < fill schedule 40A(3)/

33. Income taxable under section 115BBI

or clause (a) of sub-section (2) of section 11

section 13 which is chargeable to tax @ 30 % under section

10 or sub-section (10) of section 13 are applicable?

(viii) Any other disallowance Amount in Rs.

S. Nature of person Code

(1) (2) (3) (4) (5) (6) (7)

• Auditor is required to give:

Purpos Balance Balance Amount

S. Name of PAN of Details Details of Security Details of interest

(1) (2) (3) (4) (5)

S No Details of the Concern in which funds are, or continue to remain, invested

(a) Details of payment on which tax is not deducted

(1) (2) (3) (4) (5) (6)

(1) (2) (3) (4) (5) (6) (7) (8)

S. Date of payment Amount of Nature of Details of payee

Name PAN or Aadhar, Address

S. Date of Amount Nature Details of payee

Name PAN or Aadhar, Address

(1) (2) (3) (4)

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