M/s Life Care Foundation, a trust registered under section 12AB of the Income-tax Act, 1961, runs a hospital. During the financial year 2024-25, it…

CA Final · Direct Tax Laws and International Taxation · MTP · May 2026
M/s Life Care Foundation, a trust registered under section 12AB of the Income-tax Act, 1961, runs a hospital. During the financial year 2024-25, it received a voluntary contribution of 105 lakhs with a specific direction that it should form part of the corpus of the trust. The trust invested such amount in the shares of M/s National Health Services Ltd., a public sector company. On March 31, 2026, due to disinvestment by the Government, M/s National Health Services Ltd. ceases to be a public sector company.

Suggested Answer and Working Notes:

Voluntary contribution of 105lakhs received with a specific direction that it should form part of the corpus of the trust, would be eligible for exemption, since investment in shares of M/s National Health Services Ltd., a public sector company is permissible mode of investment under section 11 (5) . However as per provisions of section 11 (5) , where an investment is made in the shares of any public sector company and such public sector company ceases to be a public sector company, the investment so made shall be deemed to be an investment made for a period of three years from the date of such cessation. Therefore, it would continue to be eligible for exemption for a period of 3 years from the cessation date i.e., 31.3.2026 on which M/s National Health Services Ltd., ceases to be a public sector company due to the disinvestment.

Topics: Assessment of Trusts and Institutions, Political Parties and Other Special Entities

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