Are you an applicant registered under Section 12A and 80G or Section 12AA? (i.e Trust/Societies/Hospitals, etc.). Then you need to obtain fresh registration in the prescribed format under Sec 10(23C) of the Act by 30th June 2021.
The Central Board of Direct Taxes (CBDT) has tabled a new form i.e. Form 10A for the registration/ intimation/approval/provisional approval of charitable trusts that are compulsory being effective from April 1, 2021.
This states that the person who has received income and who want to avail the benefit as per section 11 & 12 has to make an application in the prescribed standard form i.e. 10A or 10B and the stated manner to the Principal Commissioner or Commissioner, for registration of the trust or institution.
One can file Form 10A online by simply visiting the E-filing website of the income tax department using a digital signature.
Steps to file Form 10A
Step 1: First, you need to log on to the E-filing portal of the income tax department through https://incometaxindiaefiling.gov.in/
Step 2: Then, you have to go to the E-file menu located at the upper-left side of the website page and click on the Income Tax Forms.
Step 3: You need to select Assessment Year and Form 10A from the drop-down list.
Step 4: You have to select the submission mode as Prepare and submit online from the drop-down list and click on continue.
Step 5: Before filing the form, you need to read the instructions carefully and click on the submit button to complete the process.
Along with the form 10A application, the following documents must be attached by the taxpayer:
- Where the trust is created, or the institution is established, under an instrument, self-certified copy of the instrument creating the trust or establishing the institution;
- Where the trust is created, or the institution is established, otherwise than under an instrument, self-certified copy of the document evidencing the creation of the trust, or establishment of the institution;
- Self-certified copy of the registration with Registrar of Companies or Registrar of Firms and Societies or Registrar of Public Trusts, as the case may be;
- Self-certified copy of the documents evidencing adoption or modification of the objects, if any;
- Where the trust or institution has been in existence during any year or years before the financial year in which the application for registration is made, self-certified copies of the annual accounts of the trust or institution 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;
- 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; and
- Self-certified copy of the order of rejection of application for grant of registration under section 12A or section 12AA, as the case may be if any.
The Commissioner shall on receipt of such application examine the documents provided by the applicant and issue an order in Form 10AC with sixteen digits Alphanumeric Unique Registration Number.
Relevant FAQ’S for Form 10A are as follows:-
Q1: A charitable trust has obtained registration under Section12A of the Income Tax Act,1961. Now, suppose it wants to obtain registration under Section 80G of the relevant Act. Is it required to file a new application in Form 10A?
Ans. Yes. For each unique section code as specified in the section code list in Form 10A, applicant is required to file a separate application in Form 10A.
Q 2: Is it possible to obtain registration under multiple sections such as Section 10(23C) and Section 80G of the Income-tax Act, 1961 by filing a single application in Form 10A?
Ans. No. Applicant needs to file a separate application in Form 10A by selecting the relevant section code from the Section Code list.
Q 3: A trust is already registered under Section 10 (23C) of the Income-tax Act, 1961. It wants to obtain registration under Section 12A of the relevant act. Is it eligible to file Form 10A in such a case?
Ans. No. If the applicant is already registered under Section 10(23C) of the Income-tax Act, 1961, he is not eligible to obtain registration under Section 12A of the relevant act, and hence, he will not be allowed to file Form 10A for Section 12A registration.
Q 4: Is it possible to select multiple section codes in Form 10A to obtain registration under different sections?
Ans. No. Applicants cannot select multiple section codes in Form 10A. One single application in Form 10A can be submitted only for one section code
The form can be accessed at https://www.incometaxindia.gov.in/forms/income-tax%20rules/103120000000007795.pdf
How RSA Consultants can help?
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We will fill out the application and submit it on your behalf with the Income Tax Department and will give you absolute clarity on the process to set realistic expectations. You may explore more at NGO 12ab Registration.