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7[21A. Assessment in cases of diversion of property, or of income from property, held under trust for public charitable or religious purposes.

8[Notwithstanding anything contained in clause (i) of section 5, where any property is held] under trust for any public purpose of a charitable or religious nature in India and

9[(i) any part of such property or any income of such trust [whether derived from such property or from voluntary contributions referred to in sub-clause (iia) of clause (24) of section 2 of the Income-taxAct] is used or applied, directly or indirectly, for the benefit of 10[any person referred to in sub-section(3) of section 13 of the Income-tax Act], or

1. Ins. by Act 32 of 1971, s. 34 (w.e.f. 1-4-1972).

2. Explanation renumbered as Explanation 2 thereof by Act 44 of 1980, s. 40 (w.e.f. 1-4-1980).

3. Subs. by Act 16 of 1981, s. 26, for "for the purposes of this sub-section in any case, not being a case referred to in the proviso" (w.e.f. 1-4-1981).

4. Ins. by s. 26, ibid. (w.e.f. 1-4-1981).

5. Ins. by Act 46 of 1964, s. 20 (w.e.f. 1-4-1965).

6. Ins. by Act 18 of 1992, s. 94 (w.e.f. 1-4-1993).

7. Ins. by Act 16 of 1972, s. 46 (w.e.f. 1-4-1973).

8. Subs. by Act 33 of 1996, s. 58, for "Where any property is held" (w.r.e.f. 1-4-1993). Earlier the quoted words were substituted by Act 18 of 1992, s. 95, for "Notwithstanding anything contained in clause (i) of sub-section (1) of section 5, where any property is held" (w.e.f. 1-4-1993).

9. Subs. by Act 21 of 1984, s. 34, for certain words (w.e.f. 1-4-1985).

10. Restored by Act 3 of 1989, s. 95 (w.e.f. 1-4-1989). Earlier the words "any interested person" was substituted by Act 4 of 1988, s. 144, for the given expression (w.e.f. 1-4-1989).

(ii) any part of the income of the trust [whether derived from such property or from voluntary contributions referred to in sub-clause (iia) of clause (24) of section 2 of the Income-tax Act], being a trust created on or after the 1st day of April, 1962, enures, directly or indirectly, for the benefit of 1[any person referred to in sub-section (3) of section 13 of the said Act, or]

2[(iii) any funds of the trust are invested or deposited, or any shares in a company are held by the trust, in contravention of the provision of clause (d) of sub-section (1) of section 13 of the Income-taxAct,] wealth-tax shall be leviable upon, and recoverable from, the trustee or manager (by whatever name called) in the like manner and to the same extent as if the property were held by an individual who is a citizen of India and resident in India for the purposes of this Act 3***:]

Provided that in the case of a trust created before the 1st day of April, 1962, the provisions of clause (i) shall not apply to any use or application, whether directly or indirectly, of any part of such property or any income of such trust for the benefit of 4[any person referred to in sub-section (3) of section 13 of the Income-tax Act], if such use or application is by way of compliance with a mandatory term of the trust:

6[7[Provided further that],

8[(a) in the case of any association referred to in clause (21) of section 10 of the Income-taxAct,

(i) the provisions of clause (i) and clause (ii) shall not apply; and

(ii) the other provisions of this section shall apply with the modifications that,

(1) for the words, brackets, letter and figures "in contravention of the provisions of clause (d) of sub-section (1) of section 13 of the Income-tax Act", the words, brackets and figures "in contravention of the provisions contained in the proviso to clause (21) of section 10 of the Income-tax Act" had been substituted; and

(2) for the words "at the maximum marginal rate", the words and figures "at the rates specified in 9[sub-section (2) of section 3]" had been substituted;]

(b) in the case of any institution, fund or trust referred to in clause (22) or clause (22A) or clause (23B) or clause (23C) of section 10 of the Income-tax Act, the provisions of 10[clauses (i) to (iii)] shall not apply.]

1. Restored by Act 3 of 1989, s. 95 (w.e.f. 1-4-1989). Earlier the words "any interested person," was substituted by Act 4 of 1988, s.144, for the given expression (w.e.f. 1-4-1989).

2. Restored by s. 95, ibid. (w.e.f. 1-4-1989). Earlier clause (iii) was omitted by Act 4 of 1988, s. 144 (w.e.f. 1-4-1989).

3. The words "but without excluding the value of any asset under sub-section (1) of section 5, and at the maximum marginal rate" omitted by Act 18 of 1992, s. 95 (w.e.f. 1-4-1993).

4. Restored by Act 3 of 1989, s. 95 (w.e.f. 1-4-1989). Earlier the words "any interested person" was substituted by Act 4 of 1988, s.144, for the given expression (w.e.f. 1-4-1989).

5. The second proviso omitted by Act 18 of 1992, s. 95 (w.e.f. 1-4-1993). Earlier the second proviso was amended by Act 3 of 1989, s. 95 (w.e.f. 1-4-1989) and Act 4 of 1988, s. 144 (w.e.f. 1-4-1989).

6. Ins. by Act 21 of 1984, s. 34 (w.e.f. 1-4-1985).

7. Subs. by Act 18 of 1992, s. 95, for "Provided also that" (w.e.f. 1-4-1993).

8. Restored by Act 3 of 1989, s. 95 (w.e.f. 1-4-1989). Earlier clause (a) was substituted by Act 4 of 1988, s. 144 (w.e.f. 1-4-1989).

9. Subs. by Act 18 of 1992, s. 95, for "Part I of Schedule I in the case of an individual" (w.e.f. 1-4-1993).

10. Restored by Act 3 of 1989, s. 95 (w.e.f. 1-4-1989). Earlier "clauses (i) and (ii)" was substituted by Act 4 of 1988, s. 144, for the given expression (w.e.f. 1-4-1989).

Explanation.

For the purposes of this section,

1[(a) any part of the property or income of a trust shall be deemed to have been used or applied for the benefit of any person referred to in sub-section (3) of section 13 of the Income-tax Act in every case in which it can be so deemed to have been used or applied within the meaning of clause (c) of sub-section (1) of that section at any time during the period of twelve months ending with the relevant valuation date;

(b) "trust" includes any other legal obligation.]



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