Section 351 · was Sections 12AB & 13 in the 1961 Act
Section 351 lists specific violations that can lead to cancellation of an NPO's registration — the most severe outcome for a charitable trust. Key violations include applying income for non-charitable purposes, benefiting specified persons, issuing fake donation receipts, not maintaining books, and deliberate non-compliance.
Who it applies to: All registered NPOs — any trust can face registration cancellation if it commits a specified violation.
A registered education trust issues ₹50 lakh worth of fake 80G receipts to donors who made no actual donations. The AO discovers this during assessment.
Specified violation: Issuing false receipts ✓ Consequences: 1. Registration CANCELLED under Section 351 2. Trust income for violation year: Income: ₹40,00,000 Exemption: DISALLOWED Tax at MMR (30%): ₹12,00,000 3. Accreted income tax (Section 352): FMV of all assets (say ₹2 crore): Exit tax (30%): ₹60,00,000 4. Prosecution risk: Criminal liability for trustees 5. For donors: 80G claims disallowed + interest
Result: Fake donation receipts trigger registration cancellation, ₹72 lakh+ in tax, and criminal prosecution for trustees. This is one of the most serious offences under the IT Act.
Not sure how Section 351 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.