12AA or 10(23C) or 80G New Or Renewal
The notification has finally been released by Central Board of Direct Taxes on 26th March, 2021 laying down the provisions for renewal of registrations u/s 10(23C), 12AB and 80G and notifying the application forms.
Primary Cases:
The application has to be made in new Form 10A under two circumstances:
1) If you are already registered under any of the said aforesaid sections and you are basically applying for renewal under the new provisions or
2) You are a new trust/society and you are applying afresh for registrations under any of these Sections.
In all rest of the cases, Form 10AB has to be filed. So, what are those cases. Let me share it in brief
1) When you shall be applying for renewal after 5 years u/s 12AB.
2) When the new organizations which are provisionally granted registration or approval, shall apply for permanent registration of 5 years
3) When the organizations already registered want to opt for exemptions under different sections as allowed under various provisions
4) When the organizations have adopted for modifications of its objects which do not conform to the conditions of registration.
List of documents to be uploaded with the Form:
a) Self-Certified copy of Memorandum of Association (in case of registered society) or Trust Deed (in case of trust)
b) Self-Certified copy of Registration Certificate (applicable only to Societies as usually trusts do not have any such certificate)
c) Self – certified copy of FCRA certificate, for those organizations registered under FCRA.
d) Self -certified copy of existing 12A/12AA/80G/10(23C) registration certificate
e) Self-certified copy of order of rejection of application for registration under any of the aforesaid sections
f) Self-certified copy of audit reports – since inception or for 3 years prior to the year in which registration is being sought, whichever is less.
g) Note on Activities (preferably for 3 years in our opinion)
Some other important points to remember:
Since the Income tax department has been harping on going faceless, such forms shall have to be furnished electronically with digital signature, if the return of income goes with it, or else through electronic verification code. The digital signature shall be used of the same person who is authorised to verify the income tax return. This implies the authorized person added on the income tax portal of the organization shall be the same person whose digital signature shall be used. As was announced in the budget that Unique Registration Number shall be allotted to all, on receipt of the application, the Commissioner or the Principal Commissioner shall issue a sixteen-digit alphanumeric Unique Registration Number to the applicants. Also, if at any time it is found that the form is not filled properly or any false or incorrect information or documents were provided by the organization, the concerned authorities might cancel the registration but only after providing an opportunity of being heard. All of you must be in tension, especially the FCRA organizations as they already have so much to do. So, have some relief from these tensions of compliances and contact Team NGOenabler for any queries and clarifications. For latest updates, keep tuned to our channel and for any query, you can contact us through e- mail or comment below.