AMENDMENT MADE BY INCOME TAX DEPARTMENT

                                                            CENTRAL BOARD OF DIRECT TAXES

                                                                         LATEST AMENDMENT

The Income tax department has raised a notification dated 26^th March 2021 which has specified that the charitable and religious trust have to raise fresh application of Registration under new forms w.e.f 1^st April 2021.

THE FOLLOWINGS AMENDMENTS THAT HAVE TAKEN PLACE ARE AS FOLLOWS:

A.THIS AMENDMENT IS RELATED TO A FUND OR TRUST AND IS EXPLAINED BELOW:

1. A fund or trust or institution or university or any hospital or other medical institution has to take a fresh registration under section 10 (23C).

For which It has to apply in Form No. 10A and Form No. 10AB.                          

(i)Form No. 10Ain case of application under clause (i) or clause (iv) of first proviso to clause (23C) of section 10to the Principal Commissioner or Commissioner authorised by the Board;or

(ii)Form No. 10ABin case of application under clause (ii) or clause (iii) of first proviso to clause (23C) of section 10to the Principal Commissioner or Commissioner under the said proviso.

2. The following documents, as required by Form Nos. 10A or 10AB are mentioned below:

a)where the applicant is created or established, under an instrument, self-certified copy of such instrument creating or establishing the applicant;

(b)where the applicant is created or established, otherwise than under an instrument, self-certified copy of the document evidencing the creationor establishmentof theapplicant;

(c)self-certified copy of registration with Registrar of Companies or Registrar of Firms and Societies or Registrar of Public Trusts, as the case may be;

(d)self-certified copy of registration under Foreign Contribution (Regulation) Act, 2010(42 of 2010), if the applicant is registeredunder such Act;

(e)self-certified copy of existing order granting approval under clause (23C) of section 10;

(f)self-certified copy of order of rejection of application for grant of approval under clause (23C) of section 10, if any;

(g)where the applicant has been in existence during any year or years prior to the financial year in which the application for registration is made, self-certifiedcopies of the annual accounts of the applicantrelating to such prior year or years (not being more than three years immediately preceding the year in which the said application is made) for which such accounts have been made up;

(h)where a business undertaking is held by the applicant as per the provisions of sub-section (4) of section 11 and the applicant has been in existence during any year or years prior to the financial year in which the application for registration is made, self-certified copies of the annual accounts of such business undertaking relating to such prior year or years (not being more than three years immediately preceding the year in which the said application is made) for which such accounts have been made up and self-certified copy of the report of audit as per the provisions of section 44AB for such period;

(i)where the income of the applicant includes profits and gains of business as per the provisions of sub-section (4A) of section 11 and the applicanthas been in existence during any year or years prior to the financial year in which the applicationfor registration is made, self-certified copies of the annual accounts of such business relating to such prior year or years (not being more than three years immediately preceding the year in which the said application is made) for which such accounts have been made up and self-certified copy of the report of audit as per the provisions of section 44AB for such period;

(j)note on the activities of the applicant.

3. Form Nos. 10A or 10AB, as the case may be, shall be furnished electronically, —

i)under digital signature, if the return of income is required to be furnished under digital signature;

(ii)through electronic verification code .

4. The Principal Commissioner or Commissioner,authorised by the Board shall pass an order in writing granting approval and issue a sixteen digit alphanumeric Unique Registration Number (URN) to the applicants making application.

5. If, at any point of time, it is noticed that Form No. 10A has not been duly filled in by not providing, fully or partly, or by providing false or incorrect information or documents required to be provided the Principal Commissioner or Commissioner, after giving an opportunity of being heard,maycancel the approvalgranted in Form No. 10ACandUnique Registration Number(URN) issued and such approvalin Form No.10ACorsuch Unique Registration Number(URN)shall be deemed to have never been granted or issued.

6. In case of an application made during previous year beginning on 1stday of April, 2021, the provisional approval shall be effective from the assessment year beginning on 1^st day of April, 2022.

B.INTIMATION UNDER SECTION 35.

1. An intimation under section 35 has been made by a research association, university, college or other institution or the company shall be made in Form No.10A to the Principal Commissioner of Commissioner authorised by the Board.

2. The application shall be accompanied by the following documents, as required by Form No.10A are stated below:

(a)where the applicant is created or establishedunder an instrument, self-certified copy of the instrument;

(b)where the applicant created or establishedotherwise than under an instrument, self-certified copy of the document evidencing the creation or establishmentof theapplicant;

(c)self-certified copy of registration with Registrar of Companies or Registrar of Firms and Societies or Registrar of Public Trusts or other registration document, as the case may be;

(d)self-certified copy of registration under Foreign Contribution (Regulation) Act, 2010(42 of 2010), if the applicant is registeredunder such Act;

(e)self-certified copy of existing Notification granting approval under section 35.

3. Form No. 10A shall be furnished electronically, —

(i)under digital signature, if the return of income is required to be furnished under digital signature;

(ii)through electronic verification code .

4. Form No. 10A shall be verified by the person who is authorised to verify the return of income under section 140, as applicable to the applicant.
5. On receipt of an application in Form No. 10A, the Principal Commissioner or Commissioner, authorised by the Board shall issue a sixteen digit alphanumeric Unique Registration Number (URN) to the applicants making application .
6. If,at any point of time, it is noticed that Form No.10A has not been duly filled in by not providing, fully or partly, or by providing false or incorrect information or documents required to be provided or by not complying with the requirements of Principal Commissioner or Commissioner, after giving an opportunity of being heard,may cancel theUnique Registration Number(URN)issued and such Unique Registration Number (URN)shall be deemed to have never been issued

C. Requirement for approval of institution of fund under section 80G.

1. An application for approval under section 80G, the institution or fund shall be made in the following Form

(a) Form No. 10Ain case of application under clause (i) or clause (iv) of first proviso to sub-section (5) of section 80Gto the Principal Commissioner or Commissioner authorised by the Board;or

(b)Form No. 10ABin case of application under clause (ii)or clause (ii) offirst proviso to sub-section (5) of section 80Gto the Principal Commissioner or Commissioner authorised under the said proviso.

2.The application shall be accompanied by the following documents, as required by Form Nos. 10A or 10AB are mentioned below:

(a)where the applicant is created, or established, under an instrument, self-certified copy of the instrument;

(b)where the applicantis created, or established, otherwise than under an instrument, self-certified copy of the document evidencing the creation or establishment of the applicant;

c)self-certified copy of registration with Registrar of Companies or Registrar of Firms and Societies or Registrar ofPublic Trusts, as the case may be;

(d)self-certified copy of registration under Foreign Contribution (Regulation) Act, 2010(42 of 2010), if the applicant is registeredunder such Act;

(e)self-certified copy of existing order granting registration underclause (vi) of sub-section (5) ofsection 80G;

(f)self-certified copy of order of rejection of application for grant of approval under clause (vi) of sub-section (5) of section 80G, if any;

(g)where the applicanthas been in existence during any year or years prior to the financial year in which the application for registration is made, self-certifiedcopies of the annual accounts of the applicant relatingto such prior year or years (not being more than three years immediately preceding the year in which the said application is made) for which such accounts have been made up;

(h)note on the activities of the applicant.

3.Form Nos. 10A or 10AB shall be furnished electronically-

(i)under digital signature, if the return of income is required to be furnished under digital signature;

(ii)through electronic verification code .

4.Form Nos. 10A or 10AB shall be verified by the person who is authorised to verify the return of income under section 140, as applicable to the applicant.

5.On receipt of an application in Form No.10A, the Principal Commissioner or Commissioner, authorised by the Board shall pass an order in writing granting approval under section 80G in form 10AC and issue a sixteen digit alphanumeric Unique Registration Number (URN) to the applicants making application .

6.If, at any point of time, it is noticed that form 10A has not been duly filled in by not providing, fully or partly, or by providing false or incorrect information or documents required to be provided or by not complying with the requirements of, the Principal Commissioner or Commissioner, after giving an opportunity of being heard, may cancel the approval granted in FormNo.10AC and Unique Registration Number (URN), issued and such approval or such Unique Registration Number(URN)shall be deemed to have never been granted or issued.

7.In case of an application made under section 80G, the provisional approval shall be effective from date of order.

D. Application for registration of charitable or religious trusts etc.

1.An application under section 12A for registration of a charitable or religious trust or institution shall be made in the following Form :

(i)Form No. 10A in case of application under sub-clause (i) or (vi) of clause (ac)of sub-section (1) of section 12Ato the Principal Commissioner or Commissioner authorised by the Board;or

(ii) Form No. 10ABin case of application undersub-clause (ii) or (iii) or (iv) or (v) of clause (ac)of sub-section (1) of section 12Ato the Principal Commissioner or Commissioner under the said clause.

2.The application shall be accompanied by the following documents, as required by Form Nos.10A or 10AB,:—

(a)where the applicantis created, or established, under an instrument, self-certified copy of such instrument creating or establishing the applicant;

(b)where the applicantis created, or established, otherwise than under an instrument, self-certified copy of the document evidencing the creationor establishmentof the applicant;

(c)self-certified copy of registration with Registrar of Companies or Registrar of Firms and Societies or Registrar of Public Trusts, as the case may be;

(d)self-certified copy of registration under Foreign Contribution (Regulation) Act, 2010(42 of 2010), if the applicant is registeredunder such Act;

(e)self-certified copy of existing order granting registration under section 12A or section 12AA or section 12AB, as the case may be;

(f)self-certified copy of order of rejection of application for grant of registration under section 12A or section 12AA or section 12AB, as the case may be, if any;

(g)where the applicant has been in existence during any year or years prior to the financial year in which the application for registration is made, self-certifiedcopies of the annual accounts of the applicant relating to such prior year or years (not being more than three years immediately preceding the year in which the said application is made) for which such accounts have been made up;

(h)where a business undertaking is held by the applicantas per the provisions of sub-section (4) of section 11 and the applicanthas been in existence during any year or years prior to the financial year in which the application for registration is made, self-certified copies of the annual accounts of such business undertaking relating to such prior year or years (not being more than three years immediately preceding the year in which the said application is made) for which such accounts have been made up and self-certified copy of the report of audit as per the provisions of section 44AB for such period;

(i)where the income of the applicantincludes profits and gainsof business as per the provisions of sub-section (4A) of section 11 and the applicant has been in existence during any year or years prior to the financial year in which the application for registration is made, self-certified copies of the annual accounts of such business relating to such prior year or years (not being more than three years immediately preceding the year in which the said application is made) for which such accounts have been made up and self-certified copy of the report of audit as per the provisions of section 44AB for such period;

(j)self-certified copy of the documents evidencing adoption or modification of the objects;

(k)note on the activities of the applicant.

 3.Form Nos. 10Aor 10AB, shall be furnished electronically, —

 (i)under digital signature, if the return of income is required to be furnished under digital signature;

(ii)through electronic verification code .

4.Form Nos. 10A or 10AB, as the case may be, shallbe verified by the person who is authorised to verify the return of income under section 140, as applicable to the applicant.

5.On receipt of an application in Form No. 10A, the Principal Commissioner or Commissioner, authorised by the Board shall pass an order in writing granting registration in Form No.10AC and issue a sixteen digit alphanumeric Unique Registration Number (URN) to the applicants making application .

6.If, at any point of time, it is noticed that Form No. 10A has not been duly filled in by not providing, fully or partly, or by providing false or incorrect information or documents required to be provided or by not complying with the requirements of the Principal Commissioner or Commissioner, after giving an opportunity of being heard, may cancel the registration in Form No.10AC and Unique Registration Number (URN), issued and such registration or such Unique Registration Number(URN)shall be deemed to have never been granted or issued.

7.In case of an application made under section 12A during previous year beginning on 1stday of April, 2021, the provisional registration shall be effective from the assessment year beginning on 1stday of April, 2022.

E. Furnishing of Statement of particulars and certificate under section 80G or 35.

1.Statement of particulars required to be furnished by any research association, university, college or other institution or company or fund shall be furnished in respect of each financial year, beginning with the financial year 2021-2022,in Form No. 10BD and shall be verified in the manner indicated therein

2.The reporting person, while aggregating the amounts for determining the sums received for reporting in respect of any person, —

(i)take into account all the donations of the same nature paid by that person during the financial year;and

(ii)proportionately attribute the value of the donation or the aggregated value of all the donations to all the persons, in a case where the donation is recorded in the name of more than one personand where no proportion is specified by the donors, attribute equally to all the donors.

3.Form No. 10BD, shall be furnished electronically,—

(i)under digital signature, if the return of income is required to be furnished under digital signature;

(ii)through electronic verification code.

4.Form No. 10BD shall be verified by the person who is authorised to verify the return of income under section 140, as applicable to the assessee.

5.The reporting person shall furnish the certificate, to the donor in Form No. 10 BE specifying the amount of donation received during financial year from such donor,beginning with the financial year 2021-2022.