Section 338 · was Section 11 in the 1961 Act
Section 338 lists specific receipts that are NOT included in an NPO's regular income computation — primarily corpus donations, deemed corpus amounts, and certain capital receipts. This ensures that structural funding (corpus) is not confused with operational income and is not subjected to the 85% application test.
Who it applies to: Registered NPOs that receive corpus donations, endowments, or other capital receipts to be maintained as the trust's permanent fund.
A hospital trust receives ₹1.5 crore in regular operational donations and ₹50 lakh as corpus donation (donor wrote: 'for permanent endowment fund') during TY 2026-27.
Regular donations: ₹1,50,00,000 Subject to 85% application test ✓ Required application (85%): ₹1,27,50,000 Corpus donation (excluded): ₹ 50,00,000 NOT subject to 85% rule Must be invested in Section 350 permitted modes Investment in government bonds (6%) Interest earned annually: ₹ 3,00,000 This interest IS regular income → Subject to 85% rule
Result: The ₹50 lakh corpus is protected from the application test. However, the ₹3 lakh annual interest it earns is regular income — the trust must apply ₹2.55 lakh (85%) of that to charitable activities.
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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.