2022-05-03 16:11:47

CBDT EXTENDS THE DUE DATE FOR ELECTRONIC FILING OF FORM 10AB FOR REGISTRATION

The Central Board of Direct Taxes (CBDT) by a circular dated 31st March 2022 extends the deadline for electronic filing of Form No.10AB for seeking registration or accreditation under Section 10(23C), 12A, or 80G of the Income Tax Act,1961. Registration or approval application in Form No. 10AB can now be filed up to 30th September 2022.

The circular states that in view of the difficulty in filing Form No. 10AB electronically as set out in Rule 2C or 11AA or 17A of the Income-tax Rules, 1962, the Central Board of Direct Taxes (CBDT), extends the deadline for filing Form No.10AB electronically.

Form 10AB is required for filing the application to the Principal Commissioner or Commissioner for registration under section 12A or accreditation under section 80G/10(23C) after the expiry of the validity period.

In the case of a trust or institution which is regularly registered or approved, where the validity of the registration or approval is granted for a period of 5 years, an application for renewal of registration or approval shall be made in Form No. 10AB.

In the event that a trust is granted temporary registration or temporary approval whose validity period is three years, then that trust or institution shall apply for regular registration or approval at least six months before the expiry of the period of the provisional registration or approval or within six months of commencement of its activities, whichever is earlier.

Purpose Of Form 10ab

An existing Trust registered under Section 12AB of the Income Tax Act wishing to seek exemption under Section 11 and under Section 12 it is mandatorily required to obtain registration under the Income Tax Act, 1962 by filing Form No. 10AB.

A trust registered as per new laws under Section 12AB of the Income Tax Act is required to make an application for re-registration under Section 12AB in Form 10AB.
Form Nos. 10AB needs to be electronically furnished online via digital signature if the return of income is required to be furnished under a digital signature or through an electronic verification code in the case of non-availability of a Digital Signature.
Form No. 10AB must be verified by the person authorized to verify the return of income under Section 140, as applicable to the applicant.

Who can make an Application through Form 10ab?

Form 10AB can be used for registration by entities that are temporarily registered under Section 12AB of the Income Tax Act, 1962 as per the new laws and the period of approval is due to:

A Fund or trust or institution or any university or any other educational institution or any hospital or any other medical institution referred to in sub-clause (iv), (v), (vi), or (via) of section 10(23C) approved under the first proviso which is in effect since 1st April 2021
Trust/Institute registered under section 12AB
Institution/trust which is approved under the proviso of clause (vi) of section 80G (5) is in effect since 1st April 2021.

The Time Limit for Filing Form 10AB

All the trusts or institutions that obtain the permanent registration or approval for the period of 5-year will be required to make the application in Form No. 10AB after a term of 5 years.

The time limit for making the application in Form 10AB towards all the trust or institutions holding the temporary registration or approval for a period of 3 years for the registration under section 12AB would be not later than 6 months prior to the expiry date or in 6 months from the commencement of the activities. The order for re-registration under section 12AB will be passed via PCIT/CIT within 3 months from the end of the month in which the application gets filled. The same registration will be valid for a period of 5-years.
One should know about the duration of the temporary registration which is 3 years and the same will not be automatically extended.
Form No.10AB is the same for all trusts and institutions and despite the similarities, it is the only form that comes for the utilization to build the application for registration under section 80G.

Furnishing of Form 10AB

Various trusts are registered with temporary registration and want to apply for permanent registration. Similarly, to that, there were several trusts who were already doing charitable activities but they have not yet availed the registration under the previous provision for which they had applied for the provisional registration. Application within Form No. 10AB can be essential for all these trusts. Form No. 10AB reported that it has been activated on the income tax portal.

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