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Charitable and religious trusts, institutions to face increased Income Tax Scrutiny

June 15, 2025

Income tax return (ITR) forms of charitable trusts and research institutions that have wrongfully claimed tax exemptions, as well as entities and individuals that have had repeated additions to their tax liability, will be automatically selected for scrutiny this year.

In its latest guidelines, the Central Board of Direct Taxes (CBDT) has allowed its senior field officers until 30 June to issue notices on such ITRs.

Charitable and religious trusts, as well as research institutions, claiming tax exemption under the Income Tax Act’s Section 11 must register again, as per the changes in law introduced with effect from 1 April 2021 to improve compliance and to avoid roving enquiries into their affairs.

The CBDT’s guidelines said that cases where such registration has not been granted or has been revoked by the end of March 2024 and the institution has claimed tax exemption in 2024-25, shall be scrutinized by the department’s faceless assessment centre. Cases where withdrawal of registration is set aside in appellate proceedings will be excluded.

In addition to registration, charitable and religious trusts and institutions must ensure that 85% of the donations are used for charitable or religious purposes to be eligible for the benefit. Universities and research institutions that do not claim tax benefits under other provisions of the law can also claim tax exemption under Section 11.

Individuals and entities that have been subject to a survey—a visit by tax officials that is less stringent than a search—and those that have been searched after 1 April 2023 will also have their ITRs automatically scrutinized this assessment year.

Also, taxpayers in metro cities and other places, who have had additions made to their tax liability repeatedly in the past, above specific thresholds, will get tax scrutiny notices by the end of June.

So would cases flagged by any other regulator, law enforcement agency, or intelligence agency for alleged tax evasion.

Stricter, clearer norms

The guidelines for compulsory selection of ITRs for scrutiny in 2025-26 are consistent with those of prior years, but some noteworthy changes have been introduced in the threshold limits for recurring issues from past assessments, according to experts.

“Previously, additions exceeding ₹25 lakh for cases in eight metro jurisdictions and ₹10 lakh for cases in non-metro jurisdictions triggered automatic scrutiny. Under the revised guidelines, these thresholds have been increased to ₹50 lakh and ₹20 lakh, respectively. The move is expected to significantly reduce the number of cases selected for compulsory scrutiny,” said Manish Garg, lead- transfer pricing and litigation, AKM Global, a tax and consulting firm.

“Additionally, the guidelines now prescribe stricter timelines to forward the details of selected cases to assessment units, aiming to streamline the assessment process. These changes will not only ease the compliance burden on taxpayers but also provide both tax authorities and assessees with adequate time for a more thorough and balanced assessment proceeding,” added Garg.

The apex direct tax policymaking body clarified that international tax matters and complex cases handled by the specialized wing of the department, central charge, are not covered under the department’s faceless assessment scheme.

Queries emailed to the CBDT seeking comments for the story remained unanswered until the time of publishing.

[Mint]

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