·The Hindu·15 marks·250–350 words

Religious and charitable trusts in India often escape the statutory audit rigour applicable to public bodies. Critically examine, with a recent example.

In this answer
  1. Where the rigour is weak
  2. Where oversight does exist

Public bodies face CAG audit and legislative scrutiny under Article 149, but religious and charitable trusts are policed mainly through self-procured, conditional audits under tax and endowment law. The Ayodhya donations row shows the gap is real, though not total.

Where the rigour is weak

  • Conditional, private audit: a trust registered under Section 12A/12AB must file an audit report in Form 10B/10BB only where income before exemption exceeds the taxable threshold, certified by a chartered accountant of its own choice — not a public auditor [1].
  • Anonymous donation blind spot: Section 115BBC keeps wholly religious trusts outside the 30% tax on anonymous donations, so hundi and cash receipts need no donor identification — the weakest traceability link in the chain [2].
  • No legislative accountability: reports go to the tax department, not to Parliament or a State legislature, so no public Action Taken trail exists as for CAG-audited bodies [1].

Where oversight does exist

  • Registration is revocable: 12AB registration runs for a limited term and exemption under Sections 11–12 can be withdrawn for misapplication of funds [3].
  • Foreign funds are tightly held: under FCRA, associations file audited Form FC-4 returns, and the MHA can audit and inspect accounts under Sections 20 and 23 [4].
  • Judicial-executive backstop: in the Shri Ram Janmabhoomi Teerth Kshetra Trust donations case, a Bench of CJI Surya Kant left the probe to a UP-police SIT, took its status report in sealed cover, and routed public suggestions through the Solicitor-General's office [5].

The example is instructive: oversight was triggered only after allegations and litigation, by an investigative agency — not by any routine audit. That is the core defect. A calibrated fix — extending mandatory annual disclosure of large donations, uniform accounting standards for high-receipt trusts, and independent audit of institutions handling mass public offerings — would protect donor confidence without intruding on Article 26 rights of religious denominations to administer their own property.

Sources

  1. 1Form 10B — Audit report under Section 12A(1)(b), Income Tax Departmentaudit required only above the exemption threshold, certified by a Section 288(2) accountant; filed with the tax department
  2. 2Section 115BBC, Income-tax Act — Income Tax Departmentwholly religious trusts excluded from tax on anonymous donations
  3. 3Taxability of income of charitable or religious trusts, Income Tax Department12A/12AB registration and withdrawal of Sections 11–12 exemption
  4. 4FCRA: Foreign Contribution (Regulation) Act — PIBaudited FC-4 annual returns; MHA audit and inspection powers under Sections 20 and 23
  5. 5Ram Mandir Donation Theft: Supreme Court Allows Public To Give Suggestions To Solicitor General Regarding SIT Probe (17 August 2026)CJI Surya Kant Bench, UP-police SIT, sealed-cover status report, SG's office as suggestion channel

More from this note