Fresh registration u/s 12A of Income tax if objects are amended
If
you are a registered charitable trust, society or a company registered u/s 8 of
the Indian Companies Act 2013 and if you have changed or amended the objects of
your organization, the Income tax Act 1961 now requires your organization to
apply afresh for registration u/s 12A in the new online Form 10A. This must be
done within “thirty days from the date of such adoption or modifications of the
objects”.
you are a registered charitable trust, society or a company registered u/s 8 of
the Indian Companies Act 2013 and if you have changed or amended the objects of
your organization, the Income tax Act 1961 now requires your organization to
apply afresh for registration u/s 12A in the new online Form 10A. This must be
done within “thirty days from the date of such adoption or modifications of the
objects”.
Finance Act 2017 had inserted clause (ab) after clause (aa) of
section 12A(1) of Income tax Act 1961 according to which if a trust or an institution has been granted registration and
subsequently it has adopted or undertaken modifications of the objects which do
not conform to the conditions of (the original) registration, it shall be
required to obtain fresh registration by making an application within a period
of thirty days from the date of such adoption or modifications of the objects
in the prescribed form and manner.
section 12A(1) of Income tax Act 1961 according to which if a trust or an institution has been granted registration and
subsequently it has adopted or undertaken modifications of the objects which do
not conform to the conditions of (the original) registration, it shall be
required to obtain fresh registration by making an application within a period
of thirty days from the date of such adoption or modifications of the objects
in the prescribed form and manner.
Accordingly
Rule 17A has been substituted by the Income-tax (First Amendment) Rules 2018,
with effect from 19th February 2018. The amended rules provide
for application for registration of charitable or religious trusts as under:
Rule 17A has been substituted by the Income-tax (First Amendment) Rules 2018,
with effect from 19th February 2018. The amended rules provide
for application for registration of charitable or religious trusts as under:
Application
for registration of charitable or religious trusts
for registration of charitable or religious trusts
Application
for registration of a charitable or religious trust or institution shall be
made in Form No. 10A.
for registration of a charitable or religious trust or institution shall be
made in Form No. 10A.
This
application is to be made under clause (aa) or clause (ab) of sub-section (1)
of section 12A.
application is to be made under clause (aa) or clause (ab) of sub-section (1)
of section 12A.
- Clause
(aa) of section 12A(1) provides for application for (new) Registration of the
trust or institution. - Clause
(ab) of section 12A(1) provides for fresh (re) registration of Trust where a
trust or an institution has been granted registration and subsequently it has
adopted or undertaken modifications of the objects which do not conform to the
conditions of registration.
Documents
to be furnished with Form 10A
to be furnished with Form 10A
Application
in Form 10A shall be accompanied by the following documents:
in Form 10A shall be accompanied by the following documents:
- Self-certified
copy of the instrument creating the trust or establishing the institution
(e.g. Trust Deed or Memorandum & Articles of Association)
- Self-certified
copy of registration with Registrar of Companies or Registrar of Societies
or Charity Commissioner.
- Self-certified
copy of the documents evidencing adoption or modification of the objects,
if any (e.g. Scheme of Management approved by the Charity Commissioner or
duly registered Deed of Amendment or order the court, if any and as the
case maybe)
- Certified
copy of the annual reports of the trust/institution for a maximum three
immediately preceding financial years, if applicable.
- Note on the
activities of the trust or institution.
- Self-certified
copy of existing order granting registration under section 12A or section
12AA, as the case may be.
- Self-certified
copy of order of rejection of application for grant of registration under
section 12A or section 12AA, as the case may be, if any.
- Under digital
signature, if the return of income is required to be furnished under
digital signature.
- Through
electronic verification code in a case not covered in above clause.
Mandatory
E-Filing of the Form No. 10A
E-Filing of the Form No. 10A
Form
No. 10A shall be furnished electronically.
No. 10A shall be furnished electronically.
Verification
of Form No. 10A
of Form No. 10A
Form
No. 10A shall be verified by the person who is authorized to verify the return
of income under section 140, as applicable to the Assessee.
No. 10A shall be verified by the person who is authorized to verify the return
of income under section 140, as applicable to the Assessee.
Please
note that the old Form No. 10A is no longer valid. From 19th February
2018 the substituted Form No. 10A has been made available on the E-filing portal
of Income tax.
note that the old Form No. 10A is no longer valid. From 19th February
2018 the substituted Form No. 10A has been made available on the E-filing portal
of Income tax.