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Microlesson · 5-min read

Exemptions — Charitable and Religious Activities

# Exemptions — Charitable & Religious Activities

## 1. Services by a Section 12AA/AB Trust by way of 'Charitable Activities'

Services by a trust registered under section 12AA / 12AB of the Income-tax Act, 1961 are exempt only if they fall under one of these four heads of 'charitable activities':

HeadCoverage
Public HealthCare & counselling of: terminally ill, disabled, HIV/AIDS-affected, narco/alcohol addicts. Also public awareness on HIV prevention, preventive health, family planning.
Advancement ofReligion, Spirituality, Yoga
Education / Skill development ofAbandoned/orphaned/homeless children; persons physically or mentally abused; prisoners; persons over 65 years residing in rural area
Preservation ofWatershed, Forests & wildlife, Environment

> Any service by such a trust outside these four heads (e.g., advertisement services, hostel for general students) is NOT exempt.

## 2. Religious Ceremonies & Renting of Religious Precincts

### (a) Religious ceremonies

Services by way of conducting religious ceremonies (pooja, ceremonies relating to birth, death, marriage, etc.) → Exempt.

### (b) Renting of precincts of a religious place

Exempt only if provided by a trust registered u/s 12AA/AB or u/s 10(23C) of the Income-tax Act, and the rent is below the thresholds:

Type of spaceThreshold for exemption
Rooms< ₹1,000 per day
Premises / hall / pandal / open area< ₹10,000 per day
Shop / space for business< ₹10,000 per month

Note: 'Precincts' covers property within the outer boundary wall (e.g., mandir, masjid, gurudwara, church compound).

Note: If let to multiple parties, the combined rent per day/month is tested against the threshold.

## 3. Religious Pilgrimage Services

Exempt only if provided by:

  • Kumaon Mandal Vikas Nigam Ltd. — for the Kailash-Mansarovar Yatra, or
  • Haj Committee of India / State Haj Committee — for Mecca pilgrimage.

Pilgrimage services by any other organisation → Taxable.

## 4. Training/Coaching in Art, Culture or Sports

Exempt if provided by:

  • An individual, or
  • A trust registered u/s 12AA/AB.

'Art' includes: dance, singing, painting, theatre, literature, etc.

## 5. Composite Camps with Yoga / Religious Activity

Residential programs / camps where exempt activity is bundled with food, stay, drinks (taxable items) → the entire supply is exempt if it is a composite supply and the exempt activity is the principal supply (e.g., a yoga camp with meals & stay).

## 6. Common Pitfalls Made Explicit

  • A service provided TO a charitable trust is NOT automatically exempt.
  • 12AA/AB trusts get exemption only for activities falling within the defined 'charitable activities'.

Worked example

### Example 1

Example 1 — Trust providing music training

Ram Charitable Trust (registered u/s 12AA) provides cultural music training to students for ₹800 p.m.

→ Training in art is exempt when given by an individual OR by a 12AA/AB trust. The trust qualifies → Exempt.

### Example 2

Example 2 — Yoga camp with meals

A 12AA trust runs a 5-day yoga residential camp; fee includes meals and stay.

→ Composite supply with yoga (exempt) as principal → Entire fee Exempt.

### Example 3

Example 3 — Renting of mandap inside temple precinct

A temple trust (12AA) rents its kalyana mandapam for ₹12,000/day for a wedding.

→ Premises rent ≥ ₹10,000/day threshold → NOT exempt, fully taxable on the entire ₹12,000.

### Example 4

Example 4 — Yatra by private tour operator

XYZ Tours arranges a Kailash-Mansarovar package.

→ Only services by Kumaon Mandal Vikas Nigam Ltd. qualify for exemption → XYZ Tours' service is Taxable.

⚠️ Common exam mistakes

  • Believing every service by a 12AA trust is exempt — only the listed 'charitable activities' are.
  • Forgetting the age + rural residence test — 'senior citizens' only qualify if 65+ AND residing in a rural area.
  • Applying the renting thresholds wrongly: rooms use a per-day test, shops use a per-month test.
  • Treating renting of precincts as exempt when the trust is registered only as an NGO (not u/s 12AA/AB or 10(23C)).
  • Missing that the rental threshold is the breaking point — if rent reaches ₹1,000/day for rooms or ₹10,000/day for halls, the entire amount becomes taxable (not just the excess).
  • Assuming pilgrimage services are exempt generally — only two specific organisations qualify.
  • Treating 'services provided to a charitable trust' as exempt by virtue of the recipient.
Reference: Entries relating to charitable & religious services — Notification No. 12/2017-CT(R) dated 28.06.2017 (as amended)
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