Section 343 · was Section 11(3) in the 1961 Act
Section 343 specifies situations where income previously accumulated under Form No. 109 (earlier Form 10) is retrospectively treated as income of an earlier year — triggering tax plus interest. This happens when accumulated funds are applied for purposes other than stated in Form No. 109, or remain unapplied after the 5-year period.
Who it applies to: Registered NPOs that filed Form No. 109 for accumulation but did not use the funds as specified, or used them for a different purpose.
In TY 2026-27, a trust accumulated ₹20 lakh via Form No. 109 for 'building a computer lab.' In TY 2028-29, the trust spends this ₹20 lakh on salaries instead.
TY 2026-27: Accumulated ₹20L for computer lab → Exempt at that time TY 2028-29: ₹20L spent on salaries (wrong purpose) Deemed income for TY 2026-27: ₹20,00,000 Tax at MMR (30%): ₹ 6,00,000 Interest u/s 423 (approx. 2 years): ₹ 1,44,000 Total dues: ₹ 7,44,000
Result: The ₹20 lakh is retroactively taxed in TY 2026-27 with interest. The trust should either maintain purpose discipline or formally amend the Form No. 109 with AO approval before changing the application.
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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.