Query related to ITR-7 of educational trust

ITR 86 views 1 replies

Can an educational institution file ITR-7 under section 139(4A) in one financial year and under 139(4C) in another financial year, if total gross receipt falls below 1 crore.

In short can an educational trust is eligible to take benefit of section 10(23C)(iiiad) in one financial year if its aggregate receipt falls below 1 crore as compared to previous financial year in which aggregate receipt was greater than 1 crore.

Example in FY 2018-19, gross receipt was 1.5 crore and ITR was file under section 139(4A) taking benefit of section 11 and 12. If gross receipt falls to 0.90 crore in FY 2019-20,  can the same educational trust file ITR under section 139(4C) and takes benefit of section 10(23C)(iiiad)???   

Replies (1)

Hi Manish,

Your question about filing ITR-7 under different sections and eligibility for exemption under section 10(23C)(iiiad) based on fluctuating receipts is quite relevant. Here’s a detailed explanation:


Background:

  • Section 139(4A) filing is generally for trusts/institutions claiming exemption under section 11 (income from property held for charitable/religious purposes).

  • Section 139(4C) filing is for educational and medical institutions registered under section 10(23C) claiming exemption under relevant clauses.

  • Section 10(23C)(iiiad) provides exemption to educational institutions subject to prescribed conditions, often linked to their recognition and aggregate receipts.


Your Scenario:

FY Gross Receipts ITR Filing Section Benefit Claimed
2018-19 ₹1.5 crore 139(4A) Section 11 & 12 benefits
2019-20 ₹0.90 crore ? (139(4C)?) Section 10(23C)(iiiad) benefits?

Can the Trust switch between 139(4A) and 139(4C) filings?

  • The nature of exemption claimed is the key factor, not just aggregate receipts.

  • If the trust is primarily an educational institution registered under section 10(23C)(iiiad), it should file under section 139(4C) for claiming exemption under that clause.

  • If the trust claims exemption under section 11, then filing under section 139(4A) is appropriate.

  • The mode of exemption claimed should be consistent with the institution’s registration and nature of activities.


Impact of aggregate receipts falling below ₹1 crore:

  • The ₹1 crore limit you refer to is likely related to presumptive taxation or certain reporting thresholds.

  • Section 10(23C)(iiiad) exemption eligibility does not get withdrawn if receipts fall below ₹1 crore; rather, it depends on the registration status and activities.

  • If the institution is registered under 10(23C)(iiiad), it can claim exemption under this section by filing ITR-7 under section 139(4C) regardless of receipt fluctuations, subject to compliance conditions.

  • The trust cannot switch exemptions arbitrarily between section 11 and section 10(23C) unless there is a corresponding change in registration or nature of activities.


Practical Takeaway:

  • For FY 2019-20, if the trust continues to be registered and operating as an educational institution under 10(23C)(iiiad), it should file under section 139(4C) to claim exemption under that section.

  • Simply having receipts below ₹1 crore does not disqualify it from claiming exemption under 10(23C)(iiiad).

  • If the trust continues to claim exemption under section 11, then 139(4A) filing is appropriate, but that would typically require it to be registered as a charitable trust and comply with section 11 conditions.


Suggestion:

  • Verify the registration status of the trust with the concerned authorities (e.g., Charity Commissioner or Income Tax Department).

  • File the return consistently according to the nature of exemption being claimed.

  • If unsure, it’s advisable to consult the income tax department or legal counsel for clarity on registration and exemption claims.


If you want, I can help prepare a note or checklist for compliance under both sections or assist with ITR filing requirements. Let me know!


CCI Pro

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