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Renewal registration of trust/ institution

Last updated : February 13th, 2023 01:17 pm

Renewal registration of trust/ institution

The Central Board of Direct Taxes, vide notification no. 19/2021 dated 26^th March 2021, came up with the Income Tax (6^th Amendment) Rules, 2021. The said amendment rules substituted rule 2C relating to filing of an application for grant of approval of a fund/ trust/ institution. The substituted rule prescribes filing of an application for re-registration of an already existing trust/ institution.

The current article tries to explain the new provisions governing re-registration; steps to be followed for applying in Form 10A; a list of documents required to be furnished while filing an application in Form 10A and Filing of Form 10BD.

New provisions governing re-registration of trust/ institution-

The new provisions state as under-

• Charitable trusts/ institutions already registered under section 12A or section 12AA or section 10(23C) and having section 80G certificate needs to obtain re-registration by applying in Form 10A.
• The application in Form 10A is to be done within a period of 1^st April 2021 to 30^th June 2021.
• The re-registration so obtain will remain valid for a period of five years.

Steps to be followed for online re-registration of trust/ institution-

The trust/ institution needs to follow the below steps for filing Form 10A online-

STEP 1 – Visit site https://www.incometaxindiaefiling.gov.in/home.

STEP 2 – Click ‘Login Here’.

STEP 3 – Enter ‘User ID’; ‘Password’ and ‘Captcha Code’.

STEP 4 – Click ‘Login’.

STEP 5 – Navigate the path e-File > Income Tax Forms.

STEP 6 – Select Form 10A; relevant Assessment Year and mode of submission from the drop-down list.

STEP 7 – Click ‘Continue’.

STEP 8 – Fill up all the relevant details in Form 10A and attach supporting documents.

STEP 9 – Submit Form 10A.

Please note that Form 10A should be submitted using a digital signature only when the income tax return is required to be furnished using a digital signature. Otherwise, Form 10A should be submitted using an electronic verification code (EVC).

List of documents required for obtaining re-registration of trust/ institution-

The following list of documents are to be submitted while applying in Form 10A-

• Self-certified copy of the instrument creating/ establishing the applicant or self-certified copy of the document evidencing the creation/ establishment of the applicant;
• Self-certified copy of registration certificate/ certificate of incorporation (issued by Registrar of Companies or Registrar of societies or charity commissioner);
• Self-certified copy of registration certificate under Foreign Contribution (Regulation) Act, 2010 (i.e., FCRA), if applicable;
• Self-certified copy of trust deed or Memorandum of Association and Articles of Association;
• Self-certified copy of registration order under Section 12A or Section 12AA;
• Self-certified copy of audited annual accounts for last three financial years; and
• Note on an activity of the institution.

Line of action post-filing of Form 10A-

The Principal Commissioner/ Commissioner will exam the application filed in Form 10A and can take any of the following action-

1. Pass an order approving the application in Form 10AC. Accordingly, will issue a sixteen-digit alphanumeric Unique Registration Number (i.e., URN) to the applicant.
2. Based on any of the following reasons, the Principal Commissioner/ Commissioner will cancel the approval granted in Form 10AC-
   1. Form 10A is not been duly filed; or
   2. Form 10A is filed covering false/ incorrect information/ documents; or
   3. The requirements of Rule 2C(3) or Rule 2C(4) has not complied.

Filing of Form 10BD-

New rule 18AB requires the furnishing of the statement of donation received as well as the issue of donation certificates to the donors for claiming the deduction. The details of the same are stated hereunder-

• The statement is to be furnished by the research association or university or college or other institution or company or fund under section 80G(5)(viii) or section 35(1A) (i).
• The statement is to be furnished in Form 10BD starting from the Financial Year 2021-2022.
• The statement is to be furnished online.
• Issuance of certificate to the donors-
  • The company/ fund/ institution receiving the donation is required to furnish a certificate of donation in Section 80G(5)(ix) or Section 35(1A)(ii).
  • Such a certificate is to be issued to donors in Form 10BE.
  • The certificate should contain the following-
    • Name; address and PAN of the donor;
    • Amount of donation;
    • Type of donation; and
    • Mode of receipt.