Permissible mode in which charitable trust / institution can deposit its receipt



Quick Summary
Charitable trusts and institutions must deposit their receipts in specific permissible modes outlined in Section 11(5) to maintain their tax-exempt status. These modes include various government securities, scheduled banks, Post Office Savings Banks, and specific investments in public sector companies and financial corporations. Rule 17C further expands these options to include units of mutual funds, housing development authorities, and certain equity shares.

Modes specified in section 11(5):

  • Deposits with Post Office Savings Banks.
  • Deposit with Scheduled banks or Co-operative Banks
  • Investment in Government Saving Certificates..
  • Investment in units of the Unit Trust of India.
  • Investment in Central or State Government Securities.
  • Investments in debentures issued by or on behalf of any company or corporation. However, both the principal and interest thereon must have been guaranteed by the Central or the State Government.
  • Investment in bonds of approved financial corporation providing long term finance for industrial development in India and eligible for deduction under section 36(1)(viii).
  • Investment in bonds of approved public companies whose principal object is to provide long-term finance for construction or purchase of houses in India for residential purposes and eligible for deduction under section 36(1)(viii).
  • Investment or deposits in any public sector company.

Where an investment is made in the shares of any public sector company and such public sector company ceases to be a public sector company, the investment so made shall be deemed to be an investment made for a period of three years from the date of such cessation and in the case of any other investment or deposit, till the date of its maturity.

Charitable Trust Deposits: Permissible Investment Modes
  • Deposits with or investment in any bonds issued by a public company formed and registered in India with the main object of carrying on the business of providing long- term finance for urban infrastructure in India.
  • Investment in immovable property excluding plant and machinery, not being plant and machinery installed in a building for the convenient occupation thereof.
  • Deposits with Industrial Development Bank of India.
  • Any other mode of investment or deposit as may be prescribed.

Rule 17C specifies the following other modes:

  • Investments in units issued under any scheme of mutual fund referred to in section 10(23D);
  • Any transfer of deposits to Public Account of India;
  • Deposits made with an authority constituted in India or under any law enacted either for the purpose of dealing with and satisfying the need for housing accommodation or for the purpose of planning, development or improvement of cities, towns and villages, or for both;
  • investment by way of acquiring equity shares of a 'depository'
  • investment by a recognized Stock Exchange, in the equity shares of a company promoted by it to acquire the membership rights of other stock exchanges, where at least 51% of the paid-up share capital is held by the Stock Exchange and the balance is held by its members;
  • investment by way of acquiring equity shares of an incubatee by an incubator;
  • investment by way of acquiring shares of National Skill Development Corporation;
  • investment in debt instruments issued by any infrastructure finance company registered with RBI;
  • investment in Stock Certificate as defined in of Sovereign Gold Bonds Scheme, 2015.

The author can also be reached at sandeeprawatca@gmail.com

FAQ :

Permissible investments include deposits with Post Office Savings Banks, Scheduled banks, Co-operative Banks, investments in Government Saving Certificates, units of the Unit Trust of India, Central or State Government Securities, and debentures guaranteed by the Central or State Government.

Yes, charitable trusts can invest or make deposits in any public sector company. If shares are invested in and the company ceases to be a public sector company, the investment is deemed valid for three years from the cessation date.

Rule 17C allows investments in units issued under mutual fund schemes, transfers to the Public Account of India, deposits with housing authorities, and acquiring equity shares of a 'depository' or an 'incubatee' by an incubator.

Investments in bonds of approved financial corporations providing long-term finance for industrial development, or bonds of approved public companies for housing construction, are permissible if eligible for deduction under section 36(1)(viii).

Investment in immovable property is permissible, excluding plant and machinery, unless such plant and machinery are installed in a building for its convenient occupation.




About the Author

Expert in Taxation and compliance

Mr. Sandeep Rawat brings more than 5years of broad and progressive experience as a strategic business partner in addition to being an expert in taxation.he has vast experience in conducting financial audits and tax planning of government corporations, private industries, foreign companies, NGOs, banks, educational inst ... Read more

Comments :

Related Articles


Loading


Popular Articles





CCI Pro

CCI Articles

submit article