Section 344 · was Section 11(4) in the 1961 Act
When a business undertaking is part of the trust's assets — typically received through a bequest or donation — Section 344 governs how income from that business is treated. Profits from business undertakings incidental to charitable objects can remain exempt; purely commercial unconnected businesses lose the exemption.
Who it applies to: Registered NPOs that hold or operate business undertakings as part of their trust corpus — typically received through inheritances, donations, or as part of their charitable objects.
Healing Hearts Charitable Hospital Trust runs an in-house pharmacy as part of its medical services. The pharmacy earns ₹40 lakh profit, entirely used for patient welfare.
Pharmacy profit (incidental to hospital objects): ₹40,00,000 Incidental to charitable objects? → YES ✓ (pharmacy directly serves hospital patients) Treatment: Part of regular income (Section 335) Subject to 85% application rule Applied to patient care: ₹40L → EXEMPT If pharmacy sells to general public (not patients): Excess profits → NOT incidental → Taxable at MMR
Result: The pharmacy profit is fully exempt as it is incidental to the hospital's charitable activity. If the pharmacy opens to the general public, that portion of income loses the exemption.
Not sure how Section 344 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.