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Supratic (Professor/ Supratic Trust Founder)     19 January 2025

Can a public trust do buisness

I am a Professor IIT Delhi who work of concrete and its quality control. I also have a public trust called Supratic Trust whose aim include social causes as presented in the Book You must be kidding, Dr. Supratic Gupta, about sports, education, public health, old age, and other social causes. We are also publishing a Youtube series as can be seen in Supratic Trust channel. Go to playlist and see the videos in 4 language.

Now all these activities need huge funds and getting funds intially is difficult if not impossible in the begining.

As I mentioned, I am a professor of IIT Delhi and I can do lot of productive work for bridges, concrete technology where I can earn a lot of money. My PhD students (Graduated students) are eagr to work. Obviously they will take salary. I wish to earn the profit from these activities to support the activities for the social causes.

I don't need the profit from these activities and happy to dedicate these profits for the social causes. I dont want in fighting about the ownership of these funds.

The trust has 12A and 8G provisional certificate.

My question:

a. At present the commercial activities are not included in Trust objective, can I modify and include them in the trust objective. (The Buisness have huge potential and I dont need any financial investement as work is knowledge based).

b. I don't mind take and Paying GST for these activities.

c. Will the profit be tax free so that I can spend on social causes?

If the answer is yes, and you have relevant experience, please contact me.

I am looking for someone preferably delhi based for the above. Urgent. 



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     19 January 2025

A public trust in India is not intended to be involved in profitable business activities. Public trusts are established for charitable purposes and to serve the welfare of their beneficiaries.

The Finance Act of 2008 defines "charitable purpose" to exclude business activities, trade, or commerce. 

The Income Tax Act states that a not-for-profit entity will lose its tax exempt status if a trustee or their relative derives personal benefit. 

The trustees of public charitable trusts are not allowed to engage in self-dealing.

P. Venu (Advocate)     20 January 2025

The posting suggests itself to be an advcertisement than a query.

Supratic (Professor/ Supratic Trust Founder)     20 January 2025

Sir,  It is indeed a querry.

 can a trust do commercial activity that may not be social in nature, to financially support

financially cuases that are in social in nature? 

Dr. J C Vashista (Advocate )     20 January 2025

Trust cannot be registered for commercial purposes.

It is advisable to consult a local prudent lawyer for forming, registeration and allied works for its smooth functioning for some social purposes.

T. Kalaiselvan, Advocate (Advocate)     20 January 2025

However, charitable institutions are allowed to carry out business activities which are incidental to the attainment of the objects of the institution.

Section 2(5) of the Income tac act 

provides that the advancement of any other object of general public utility shall not be considered as charitable purpose, if it involves the carrying on of any activity in the nature of trade, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business, for a cess or fee or any other consideration, irrespective of the nature of use or application, or retention, of the income from such activity, unless:

  • such activity is undertaken in the actual course of carrying out of such advancement of any other object of general public utility; and
  • the aggregate receipts from such activity or activities during the previous year, do not exceed 20% of the total receipts, of the trust or institution undertaking such activity or activities, of that previous year;

So from above mentioned provisions we can conclude that charitable institutions are allowed to carry out business activities which are incidental to the attainment of the objects of the institution. However, in case of “advancement of any other object of general public utility” the receipts from business activities shall not exceed 20% of the total receipt of the institution.


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