Section 335 · was Sections 11 & 12 in the 1961 Act
The primary exemption provision for charitable trusts: if at least 85% of the trust's 'regular income' is applied (spent) for charitable or religious objects in the same year, the entire income qualifies for exemption. The remaining 15% can be accumulated and still claimed as exempt if proper Form No. 109 (earlier Form 10) filing is done before the ITR due date.
Who it applies to: All registered NPOs under Section 332 — any income from property held under trust for charitable or religious purposes.
Gyan Education Trust (registered) receives ₹1.5 crore in income during TY 2026-27 — ₹1.2 crore in donations and ₹30 lakh in interest. It spends ₹1.32 crore on school operations and accumulates ₹18 lakh.
Total regular income: ₹1,50,00,000 85% threshold: ₹1,27,50,000 Actual expenditure on objects: ₹1,32,00,000 ✓ (88% > 85%) Shortfall from 85%: NIL Entire ₹1.5 crore income: EXEMPT Tax liability: ₹ 0 ──── What if they spent only ₹1.20 crore? ──── Shortfall (₹1.27L − ₹1.20L): ₹ 7,50,000 This shortfall becomes TAXABLE at MMR Tax on shortfall (30%): ₹ 2,25,000
Result: Gyan Trust's actual spending of 88% keeps it fully exempt. Trusts should monitor their application ratio quarterly to avoid a year-end shortfall.
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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.