Penalty for passing on unreasonable benefits to specified persons of charitable Institutions

Penalty for passing on unreasonable benefits to trustee or specified persons of charitable Institutions – New Section 271AAE introduced by Union Budget 2022-23

Under section 13 of the Act, trusts/charitable institutions are required not to pass on any unreasonable benefit to the trustee or any other specified person.

In order to discourage such misuse of the funds of the trust or institution by specified persons, it is proposed to insert a new section 271AAE in the Act to provide for penalty on trusts or institution.

The penalty u/s 271AAE shall be equal to amount of income applied (100 percent) by such trust or institution for the benefit of specified person where the violation is noticed for the first time during any previous year and twice the amount (200 percent) of such income where the violation is notice again in any subsequent year.

The proposed section shall operate without prejudice to any other provision of chapter XXI. Thus, if any penalty is leviable under any of the other provisions of this chapter, in addition to the proposed penalty, that penalty would also be applicable.

These amendments will take effect from 1st April, 2023 and will accordingly apply in relation to the assessment year 2023-24 and subsequent assessment years.

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