12. Income
of trusts or institutions from contributions.
(1) Any
voluntary contributions received by a trust created wholly for charitable or
religious purposes or by an institution established wholly for such purposes
(not being contributions made with a specific direction that they shall form
part of the corpus of the trust or institution) shall for the purposes of
section 11 be deemed to be income derived from property held under trust wholly
for charitable or religious purposes and the provisions of that section and
section 13 shall apply accordingly.
(2) The value
of any services, being medical or educational services, made available by any
charitable or religious trust running a hospital or medical institution or an
educational institution, to any person referred to in clause (a) or clause (b)
or clause (c) or clause (cc) or clause (d) of sub-section (3) of section 13,
shall be deemed to be income of such trust of institution derived from property
held under trust wholly for charitable or religious purposes during the
previous year in which such services are so provided and shall be chargeable to
income-tax notwithstanding the provisions of sub-section (1) of section 11.
Explanation.---For
the purposes of this sub-section, the expression "value" shall be the
value of any benefit or facility granted or provided free of cost or at
concessional rate to any person referred to in clause (a) or clause (b) or
clause (c) or clause (cc) or clause (d) of sub-section (3) of section 13.
(3)
Notwithstanding anything contained in section 11, any amount of donation
received by the trust or institution in terms of clause (d) of sub-section (2)
of section 80G in respect of which accounts of income and
expenditure have not been rendered to the authority prescribed under clause (v) of sub-section (5C) of that
section, in the manner specified in that clause, or
which has been utilised for purposes other than providing relief
to the victims of earthquake in Gujarat or which remains unutilised in terms of
sub-section (5C) of section 80G and not transferred to the Prime Minister's
National Relief Fund on or before the 31st day of March, 2002 shall be demmed
to be the income of the previous year and shall accordingly be charged to tax.