Section 345 · was Section 11 in the 1961 Act
Section 345 restricts registered NPOs from carrying out commercial activities that are not incidental to their charitable objects. Trusts that engage in substantial commercial activities — beyond what is needed for their charitable purposes — risk losing their tax-exempt status on the commercial income.
Who it applies to: All registered NPOs — especially those tempted to run revenue-generating commercial ventures under the shield of charitable trust status.
Trust A: An artisan training trust sells handicrafts made by trainees — earns ₹15 lakh. Trust B: An environment trust runs a commercial parking lot to fund tree-planting — earns ₹20 lakh.
TRUST A (Artisan trust selling handicrafts): Charitable object: Skill training of artisans Selling their output: Incidental and integral ✓ ₹15 lakh: Regular income → Exempt if 85% applied TRUST B (Environment trust with parking lot): Charitable object: Environment protection Parking lot: NOT incidental to environment ✗ ₹20 lakh: Taxable commercial income at MMR Tax @ 30%: ₹ 6,00,000
Result: Trust A's activity is validly incidental. Trust B's parking lot is pure commercial activity unrelated to environment protection — ₹20 lakh is fully taxable. Trust B should receive donations instead of running commercial ventures.
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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.