RENEWAL OR APPLICATION FOR 12A & 80G REGISTRATION
the major changes brought in by the Finance Act 2020 by introducing new section 10AB replacing section 10AA and bringing in similar amendments in section 10(23C) and Section 80G.
These provisions pertaining to registration were originally made effective from 01-06-2020. Subsequently, due to the crisis caused by COVID-19, the Central Board of Direct Taxes (CBDT) announced to deferment of the implementation of the new procedure for approval and registration to 01-04-2021 and, therefore, the old process for approval under section 12AA, 80G and 10(23C) continued till 31-03-2021.
Now, from 1st April, 2021 the CBDT has made applicable the new provisions by introducing The Income Tax (6th Amendment) Rules, 2021 vide notification dated 26th March, 2021. The detailed guide to the renewal and fresh application process is as under:
FORM 10A : FOR PROVISIONAL REGISTRATION AND RE-VALIDATION OF EXISTING REGISTRATION
The Income Tax (6th Amendment) Rules, 2021 have notified Form 10A for making application for registration or provisional registration or intimation or approval or provisional approval.
1. Who can apply in Form 10A?
Due Dates to apply in Form 10A
1. Trusts already approved/registered and their approval/ registration is continuing an on 01-04-2021 : On or before 30-06-2021
2. Trusts making application for provisional registration/ approval : 1 month before the commencement of the previous year from which the said approval is sought.
FORM 10AB : FOR FIVE YEAR REGISTRATION AND CONVERSION OF PROVISIONAL REGISTRATION
The Income Tax (6th Amendment) Rules, 2021 have notified Form 10AB for making application for registration or approval.
2. Who can apply in Form 10AB?
Form 10AB shall be used for the following purposes:
Conversion of provisional registration into regular registration
Renewal of registration/approval after five years
Activating inoperative registration under section 10(23C)/10(46)
Re-registration for modification of objects for entities registered u/s 12.
Due Dates to Apply in Form 10AB
1. Conversion of provisional registration into regular registration : Before 6 Months of Expiry or 6 Months from commencement of activities whichever is earlier.
2. Renewal of registration/approval after five year : Before 6 Months of Expiry
3. Re-registration for modification of objects for entities registered under section 12AB : Within 30 Days from such modification.
PROCESS OF RENEWAL/ REGISTRATION
Step-1 : Applicant (society or other institutions) shall apply for renewal/ registration from Income Tax Portal using their income tax login credentials in Form No 10A (or 10 AB as the case may be) electronically within prescribed due dates as explained above. Applicant shall be required to submit the documents with the application as listed below in this article.
Step-2 : On submission of application, it shall be verified by the authorized signatory of the organization through Digital Signature if return of income is filed through Digital Signature otherwise through EVC.
Step-3 : On receipt of an application in Form No 10A (or 10 AB as the case may be), the PCIT or CIT, authorized by the Board, shall either approve or reject the application. In case the application is approved, the PCIT or CIT shall issue a 16 digit alphanumeric URN.
DOCUMENTS TO BE SUBMITTED
The application in Form No. 10A or 10AB shall be accompanied by the following documents:
(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 creation or establishment of 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, if the applicant is registered under 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-certified copies of the annual accounts of the applicant relating to such prior year or years (not more than three preceding years) 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 more than three preceding years) 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 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 more than three preceding years) 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.
REQUIREMENT OF DARPAN ID
Registration with Niti Aayog is mandatory to apply for grants under various schemes of Ministries/Departments/Governments Bodies. NGO-DARPAN portal has been started as an initiative of the Prime Minister’s Office, to create and promote a healthy partnership between NGOs and the Government. It is an e-governance application offered by NITI Aayog to electronically maintain data and transparency regarding NGOs in the country.
Before filing Form 10A or Form 10AB, NGOs must have to register themselves on the NGO-DARPAN portal to obtain a Unique Identity Number (UIN) by furnishing the required details like registration number of the organization, PAN of the organization, PAN and Aadhaar details of the office bearers/trustees etc.
REQUIREMENT TO FILE STATEMENT OF DONATION AND TO ISSUE CERTIFICATE TO DONORS
With effect from financial year 2021-22, the institutions notified under section 35 or approved under section 80G are required to file a statement of donation received under Form 10BD and also to issue the certificate to the donor in Form 10BE specifying the amount of donation received during financial year from such donor. Both the forms shall be filed on or before the 31st May, immediately following the financial year in which the donation is received.
Deduction on account of the donation shall be allowed to the donor only on the basis of the statement filed by the donee trust or institution. Hence, if a statement is not filed, the donor will not get any deduction for the donations made.
In case of delay in filing such statement, a late fee of Rs. 200 per day shall be applicable under newly inserted section 234G of the Income-tax Act. Further, a penalty under section 271K, which shall not be less than Rs. 10,000 and which may extend up to Rs. 1 lakh, shall be leviable.
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