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      Income Tax

      Comparison of section 337 "Specified income." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      11 September, 2025

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      Section 337 Specified income

      Income-tax Act, 2025

      At a Glance

      This document is Clause 337 of the Income Tax Bill, 2025 (Old Version), which defines "specified income" of a registered non-profit organisation and prescribes the tax year in which each category of specified income is taxable. It matters to registered non-profit organisations, tax authorities, and advisers overseeing compliance and application of tax exemptions. Effective date or decision date: Not stated in the document.

      Background & Scope

      Statutory hook: Clause 337 of the Income Tax Bill, 2025 (Old Version). The clause sets out a table enumerating categories of "specified income" of a registered non-profit organisation and prescribes the tax year in which each category is to be taxed. Definitions: The text does not provide standalone definitions for "registered non-profit organisation," "specified income," or other terms beyond the entries in the table. Not stated in the document: legislative purpose, explanatory notes, or effective date.

      Statutory Provision Mode

      Text & Scope

      Clause 337 lists 11 categories of income that qualify as "specified income" for registered non-profit organisations and assigns the taxable year for each category. The categories include: (1) anonymous donations (with an exclusion up to Rs.1,00,000 or 5% of donations), (2) income applied for benefit of related persons, (3) income applied outside India contrary to section 338(a), (4) investments made contrary to section 350 out of various funds, (5) deemed corpus donations violating section 340 conditions, (6) accumulated income applied to non-charitable/religious purposes, (7) accumulated income ceasing to be set apart for specified purposes u/s 342(1), (8) accumulated income not utilised within the period specified in section 342(1), (9) accumulated income credited or paid to another registered non-profit organisation, (10) income applied to purposes other than those for which the organisation is registered, and (11) income determined by the Assessing Officer u/s 344 in excess of income shown in books of a business undertaking.

      Interpretation

      The clause adopts a categorized, prescriptive approach: each identified event or failure resulting in income losing its non-taxable character is captured and linked to the tax year when taxation will arise. The text implies a legislative intent to specify distinct triggers for taxation of amounts that otherwise might be treated as exempt or charitable receipts. Specific interpretive guidance (e.g., definitions of "related person" or computation method) is not provided beyond cross-references; where procedural computation is required the clause says "computed in the manner, as prescribed" indicating delegated rules are expected. Not stated in the document: any legislative history or materials explaining the choice of triggers.

      Exceptions/Provisos

      The clause contains limited carve-outs: the anonymous donation rule excludes donations up to Rs.1,00,000 or 5% of total donations (whichever is higher) and exempts anonymous donations received by organisations "created or established wholly for religious purposes." No other explicit exceptions or provisos appear in Clause 337. Not stated in the document: any special thresholds for other items, or transitional provisions.

      Illustrations

      • Example 1: A registered non-profit organisation receives an anonymous donation of Rs.50,000 in a tax year and total donations in that year are Rs.10,00,000. Threshold (Rs.1,00,000 or 5% of total donations = Rs.1,00,000 vs Rs.50,000) - the donation equals Rs.50,000 which is below Rs.1,00,000, so it is excluded from specified income. Not stated in the document: treatment beyond this illustration (e.g., reporting procedure).
      • Example 2: An organisation applies a portion of its income for the benefit of a related person; that portion will be taxable in the tax year in which the application is made, "computed in the manner, as prescribed." Not stated in the document: who is a "related person" or the computation formula.
      • Example 3: An Assessing Officer determines additional income u/s 344 in excess of books for a business undertaking run by the organisation; such income is taxable in the tax year to which that income relates. Not stated in the document: standards of assessment or appeals procedure.

      Interplay

      The clause cross-references other provisions (sections 338(a), 340, 341(1)-(4), 342(1), 344, and 350), indicating reliance on these sections for specifying conduct that will convert otherwise exempt income into taxable specified income. The clause anticipates subordinate legislation by using "as prescribed" for computation. Not stated in the document: text of the referenced sections or the specific rules that will prescribe computations or definitions.

      Differences Between Document 1 (Section 337, Income-tax Act, 2025) and Document 2 (Clause 337, Income Tax Bill, 2025 (Old Version))

      Summary of textual differences and practical impact:

      • Broader exclusion for religious organisations (anonymous donations): Document 1 excludes anonymous donations for organisations "created or established,- (i) wholly for religious purposes, or (ii) wholly for charitable and religious purposes (excluding anonymous donation made with a specific direction that such donation is for any university or other educational institution or any hospital; or other medical institution run by such registered non-profit organisation)." Document 2 excludes only organisations "created or established wholly for religious purposes."
        • Practical impact: Document 1 provides a narrower exception (it adds a carve-out for organisations "wholly for charitable and religious purposes" but then expressly excludes certain directed donations for educational and medical institutions). This may reduce the number of anonymous donations treated as non-specified income for organisations running both charitable and religious activities, especially where donations are directed to educational or medical institutions.
      • Quantitative phrasing and punctuation differences (anonymous donation threshold): Both versions retain the threshold "up to Rs.1,00,000 or 5%," but Document 1 adds "or 5% of the total donations received by it during the tax year, whichever is higher," while Document 2 uses "or 5% of the such donations received by it during the tax year, whichever is higher."
        • Practical impact: Substantively the threshold appears the same; Document 1's phrasing is slightly clearer by specifying "total donations." No material change to tax effect is apparent.
      • Wording changes re: investments/deposits: Document 1 (items 4 and related) refers to "Any investment or deposit made in contravention to the provisions of section 350," whereas Document 2 refers to "Any investment made in contravention to the provisions of section 350."
        • Practical impact: Document 1 explicitly captures both investments and deposits; Document 2 captures only investments. This broadens the reach in Document 1 to include deposits that may have been omitted previously.
      • Additional items in Document 1 (more entries in the table): Document 1 includes several items absent from Document 2: numbered items 12 and 13 (fair market value of non-specified asset held beyond one year; any deemed application u/s 341(5) not actually applied within the period specified in section 341(6)). Document 2's table ends at item 11.
        • Practical impact: Document 1 expands the list of specified income events, creating additional contingencies where income will be taxed (e.g., failure to hold assets in specified forms/modes, failure to actually apply deemed application amounts abroad/time limits). This increases compliance exposures for registered non-profit organisations.
      • Variation in language for accumulated income utilisation (item 8): Document 1 describes "if it is not applied as per the provisions of section 341(1) to (4) for which it is accumulated or set apart within the period for which it was accumulated or set apart as specified in section 342(1)." Document 2 uses "if it is not utilised for the purpose, for which it is accumulated or set apart within the period for which it was accumulated or set apart as specified in section 342(1)."
        • Practical impact: Document 1 ties the failure to application specifically to sections 341(1)-(4), which may be a clarifying reference to specified modes of application; Document 2 uses broader language "utilised for the purpose." The change narrows the trigger in Document 1 to non-compliance with the procedural application provisions.
      • Formatting and minor drafting clarifications: Document 1 contains more detailed cross-references and slightly different punctuation/wording across multiple clauses (e.g., "computed in the manner, as may be prescribed" vs "computed in the manner, as prescribed").
        • Practical impact: Mainly drafting clarity; limited substantive effect beyond the changes noted above.

      Practical Implications

      • Compliance and risk areas: Registered non-profit organisations must monitor anonymous donations relative to the stated threshold and ascertain whether donations are directed or truly anonymous; they must also ensure that applications of income (domestic and foreign), investments/deposits, treatment of accumulated income, and use of corpus conform to the referenced sections to avoid specified income classification.
      • Record-keeping/evidence: The clause implies the necessity of records evidencing donor directions, use of funds, dates of application of income, details of investments/deposits (to show compliance with section 350), and documentary evidence supporting any inter-organisation credits or payments. Not stated in the document: exact documentary standards or retention periods.

      Key Takeaways

      • Clause 337 enumerates 11 categories of "specified income" for registered non-profit organisations and ties each to a specific tax year for taxation.
      • Anonymous donations are partly excluded up to Rs.1,00,000 or 5% of total donations, and donations to organisations "wholly for religious purposes" are exempt from being specified income under this clause.
      • Several operational failures (application to related persons, investments/deposits contrary to section 350, misuse of accumulated income, failure to meet corpus conditions) convert funds into taxable specified income.
      • The clause delegates computation of certain items ("as prescribed") and relies on other substantive provisions (sections 338, 340, 341, 342, 344, 350), but does not define key terms such as "related person" or set out procedural details.
      • Organisations face increased compliance obligations to track uses of funds, inter-organisational transfers, and investments/deposits to avoid taxation under these triggers.

      Full Text:

      Section 337 Specified income

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