Section 346 · was Section 2(15) in the 1961 Act
Trusts registered under the 'General Public Utility' (GPU) object — the broadest charitable category — face a specific restriction: if receipts from commercial activities exceed 20% of total receipts during the year, the GPU object loses its charitable status for that year, making all income taxable.
Who it applies to: Trusts and institutions registered under the 'Advancement of any other object of general public utility' category — chambers of commerce, bar associations, trade bodies, and similar organisations.
A city Chamber of Commerce (GPU trust, registered under Section 332) has total receipts of ₹1 crore — ₹75 lakh from membership fees and ₹25 lakh from organising a trade exhibition.
Total gross receipts: ₹1,00,00,000 Commercial receipts (exhibition): ₹ 25,00,000 20% of total receipts: ₹ 20,00,000 Actual commercial receipts: ₹ 25,00,000 ← EXCEEDS 20%! Consequence: GPU object fails charitable test ALL ₹1 crore income taxable at MMR: Tax @ 30%: ₹ 30,00,000 If commercial receipts were ₹18 lakh (18%): GPU object remains charitable ✓ Income exempt if 85% applied Tax: ₹ 0
Result: Exceeding the 20% cap by just ₹5 lakh costs the Chamber ₹30 lakh in tax. GPU trusts must monitor commercial revenue monthly and restructure events if they risk crossing this threshold.
Not sure how Section 346 applies to you? Ask a question or browse all sections.
Section references are based on the Income Tax Act 2025 (Tax Year 2026-27). Examples are illustrative; verify with a Chartered Accountant before filing.