Application for registration u/s 12A to be made electronically by charitable or religious trusts-CBDT Notification

Application for registration u/s 12A to be made electronically by charitable or religious trusts,. More information required in revised Form 10A-CBDT Notification

CBDT vide Notification No. 10/2018 dated 19^th February, 2018, has amended the Rule 17A which provides for submission of Form-No. 10A and required documents to be furnished for registration u/s 12A of the Income Tax Act, 1961.

Hitherto, a trust/institution desirous of registration was required to submit,

(a) the original instrument/certificate/document evidencing the creation, registration or establishment of the institution

(b) accounts of the trust up to three years.

However, as per the amendment, the list of documents to be furnished along with the application has been revised. Under the revised Rule, an application under clause (aa) or clause (ab) of sub-section (1) of section 12A for registration of a charitable or religious trust or institution shall be made in Form No. 10A and accompanied by the following documents:

(a) 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;

(b) 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;

(c) self-certified copy of registration with Registrar of Companies or Registrar of Firms and Societies or Registrar of Public Trusts etc.

(d) self-certified copy of the documents evidencing adoption or modification of the objects, if any;

(e) where the trust or institution 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 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

(f) note on the activities of the trust or institution

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

(h) 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.

It has also been provided that the Form No. 10A shall be furnished electronically under digital signature (DSC), if the return of income is required to be furnished under digital signature or  through electronic verification code (EVC).

Accordingly ‘Form No. 10A’ has been amended. The key changes made are listed as under:

(i) E-Mail of the Managing Trustee/Chairman/Managing Director/Any authorized person is required mandatorily.

(ii) In case of Charitable and Religious cum Charitable trusts, out of the eight following objects, at least  one object has to be specified mandatorily:

• Religious
• Education
• Relief for the poor
• Medical Relief
• Yoga
• Preservation of Monuments or Places or Objects of Artistic or Historic interest
• Preservation of Environment (including watersheds, forests and wildlife)
• Advancement of other objects of general public utility
• Education

(iii) Details of Existing Registration u/s 12A

(iv) Date of Modification of Objects

(v) if the trust deed contains clause that the trust is irrevocable

(vi)Details of application rejected in the past if any

(vii) Details of registration under FCRA, 2010, if any.

Download CBDT Notification No. 10/2018 Click Here >>