Section 341 · was Section 11 in the 1961 Act
Section 341 contains the heart of charitable trust exemption: at least 85% of a trust's regular income must be 'applied' (actually spent or incurred) for its charitable or religious objects during the year. Failure to meet this threshold makes the shortfall taxable at MMR.
Who it applies to: All registered NPOs. This is the fundamental compliance requirement every charitable trust must satisfy every financial year.
Asha Foundation (registered) has regular income of ₹60 lakh in TY 2026-27. It spends ₹49 lakh on programs and ₹3 lakh on admin, retaining ₹8 lakh. It did NOT file Form No. 109.
Regular income: ₹60,00,000 85% threshold: ₹51,00,000 Actual application: Program expenses: ₹49,00,000 Admin expenses: ₹ 3,00,000 Total applied: ₹52,00,000 ✓ (86.7% > 85%) Retained (₹8 lakh) — No Form No. 109 filed: Treated as unapplied income Tax at MMR: ₹ 2,40,000 If Form No. 109 filed on time: ₹8L accumulated → Exempt Tax: ₹ 0
Result: Asha Foundation met the 85% test (86.7%) but still faces ₹2.49 lakh in tax on the ₹8 lakh retained — because it forgot to file Form No. 109. Setting a calendar reminder for Form No. 109 before 31 October every year prevents this.
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Section references are based on the Income Tax Act 2025 (Tax Year 2026-27). Examples are illustrative; verify with a Chartered Accountant before filing.