TAXABILITY OF TRUST LOOSING EXEMPTION DUE TO MORE THAN 20% BUSINESS ACTIVITIES

Madhavi Pandit (78 Points)

05 May 2021  

Hi Experts

A trust X has paid to trust Y a certain amount to maintain an orphanage which is ancillary to the objects of trust Y. But Trust X deducted TDS u/s 194C making it business income for Trust Y. Hence it faces danger of loosing exemption u/s 11 because the amount received from Trust X is 25% of total receipts.

If a charitable trust registered u/s 12A looses exemption due to more than 20% business activities which are ancillary to main activities how should the return be filed?

1. Should  ITR 7 be used?

2. Will the trust not get deduction for expenses like salary too on the remaining 75% donations?

3. Will the trust have to pay tax @ 30% on the total gross receipts without any claim of expenses?