FORM 10A & 10 AB-RENEWAL OF 12A and 80G

Trust /societies and section 8 companies who are doing welfare Through providing the Education, Medical facilities ,saving environment or organization  is running in any field covered under Section 2(15)  whether small or large needs to renew their registration of 12 A, 12AA, 80G and 10(23)(c ) within 3 months from 1.4.2021.

Finance act 2020 has been replaced the section 10AA with Insertion of new section 10 AB and respective amendments has been made in the Section 80G and 10(23)(c ).

It is Important to note that such amendment was proposed to implement first time on 1-6-2020 but due to covid pandemic such amendment was deferred to 1-4-2021.

Now 10 A the form is live by the income tax and can be filed for the renewal of 12 A, 12AA, 80G and 10(23)(c ), and the same can be filed from 1.4.2021 to 30.06.2021.

Now Let us understand which form need to choose by the person between 10A and 10 AB before filing the application :-

Form 10 A needs to be filed by the Following persons and what is the due date:-

1. First time Application for revalidation of registration/approval for existing organizations registered/approved under section 12A/12AA/10(23C)/80G and same needs to be apply from 1-4-2021 to 30-06-2021 to keep Continue your Registration for Next 5 years.

2. Application for provisional registrations/approval under section 12AB/10(23C)/ 80G and same needs to filed 1 month before the commencement of the previous year from which the said approval is sought.

While Form 10AB need to be filed by Following :

The Income Tax (6th Amendment) Rules, 2021 have notified Form 10AB for making application for registration or approval.

1. 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.

We hope you might get understanding which form need to be filed by you for you organization now we move forward for the documentation which we need to attach along with application:-

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.

(k) Darpan ID:- 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.

Now we hope you easily understand about the which form need to be filed by you and also required documents also you have arranged on one place, now learn how to file the application on Income tax portal.

Procedure for registration

• Log on to https://www.incometaxindiaefiling.gov.in/home with your organization user id and password.

• Go to “Income Tax Forms” under e-File tab.

• Select the Form Name as “Form 10A” and relevant Assessment Year 2022-23 from the drop down list.

• Select the option of “Prepare and Submit Online” in submission mode.

• Fill in the details as required in the form and attach the required and applicable attachments.

• Submit the form using digital signatures or EVC as required while return filing.

Form 10A need to file completely online and after filing the required details organization also need to attach the required documents, after submission of application the same will be verified by the officer with in 3 months and order will be pass according to verify your application along with attach documents.

Once an approval will be approval will be granted by the officer the same will remain valid for 5 years at a time. After such time they must need to renew again within 6 Months before the expiry of 12A ,80G registration and 10(23)(c) .

Note:-

Application submitted this time not be supposed with the detailed enquiry by the CIT/PCIT unless or until application  has many material defects.

However application will be check in detail when you will ask to change the status from provisional to Final OR Validity the same has been passed.

We hope you have submitted your application and kindly note your Application reference No. to track the same for future purpose.

Also keep remember the process is completely online and do not submit any documents in hard copy unless the same is not asked by the department.

Learn How to File CSR-1 FORM :-http://semantictaxgen.in/csr-1-whom-to-file-when-to-file-and-how-to-file/

Disclaimer : The information contained in this article is intended solely for the dissemination of information and does not aim at solicitation of work. Though meticulous care has been taken but the author assumes no liability in respect of any loss/ damage incurred while acting on the information provided in this article. The author can be reached at sanjeev@semantictaxgen.in and can be called at +91-8126700005.