How to Form a Charitable Trust

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The expression “charitable purpose” has been defined under Section 2(15) of the Income Tax Act to include:
(a) relief of the poor,
(b) education,
(c) medical relief, and

(d) advancement of any other object of general public utility. 

Prior to Assessment Year 2009-10, business income of a charitable trust or institution was also eligible for exemption subject to conditions that such business should be incidental to the attainment of its objects, and that separate books of account are maintained for such business. With effect from 01.04.2009 (i.e., from assessment year 2009-10 onwards), however, the “advancement of any other object of general public utility” shall not qualify as a “charitable purpose” if the same involves the carrying on of any activity in the nature of trade, commerce or business, or rendering of any service in relation to any trade, commerce or business, for a consideration. This new restriction applies irrespective of the nature of use or application of the income arising from such activity.

(as stated in Indian income tax act)

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