Explanation 3 to section 11(1) read with section 40(a)(ia)

In the case of Mahatma Gandhi Seva Mandir vs. DDIT(Exemp) reported in 21 com321 the Hon’ble ITAT has held that the exception in Section 40 is carved out, only for the purpose of Section 28 and not for computing the exemption of income of a charitable trust under Section 11. The disallowance made under Section 40(a) will only go to enhance the business profit of an assessee whose income is assessable under Section 28 and not otherwise. Hence, provisions of Section 40(a) are not applicable in case of charitable trust or institution where income and expenditure is computed in terms of Section 11

Sir, to my understanding this case law can be considered only prior to insertion of Explanation 3 to section 11(1) read with section 40(a)(ia).The Clarification required even if the the expenses for which TDS is not deducted are not considered as application,30% of such expenses will be added back to Total Income of the Assessee.Is it not an unjust provision since the assessee is being penalised twice not considering it as an application and adding it to total income?

The rule applies for any income u/h. PGBP. and not to any other income/s.

Do you have any taxable income under head PGBP?