Friends,
The below table has been designed specially for you to clear doubts/confusion regarding selection of correct sub clause of Section 12A(1)(ac) regarding provisional registration, regular registration as an existing 12AA/12AB entity, renewal of 12AB registration, registration as an entity never registered and claimed exemption, conversion from provisional to regular registration etc. The relevant provisions of sub clause (i) to (vi), applicability and Form No to be used for each sub clause is given below:
| Section 12A(1)(ac) sub clauses | Provision | Applicability | Form # |
|---|---|---|---|
| (i) | where the trust or institution is registered under section 12A [as it stood immediately before its amendment by the Finance (No. 2) Act, 1996 (33 of 1996)] or under section 12AA [as it stood immediately before its amendment by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (38 of 2020)], within three months from the first day of April, 2021; | Existing 12AA registered entities as at 1.4.2021. Will get registration for 5 years from 1.4.2021. (This situation maybe rare now) | 10A |
| (ii) | where the trust or institution is registered under section 12AB and the period of the said registration is due to expire, at least six months prior to expiry of the said period; | Renewal of regular 12AB registration | 10AB |
| (iii) | where the trust or institution has been provisionally registered under section 12AB, at least six months prior to expiry of period of the provisional registration or within six months of commencement of its activities, whichever is earlier; | Conversion of Provisional to Regular registration (either or clause whichever is earlier) | 10AB |
| (iv) | where registration of trust has become inoperative due to the first proviso to sub section (7) of section 11, at least six months prior to commencement of the assessment year from which the said registration is sought to be made operative | Where trusts had 2 registrations under 11-12 and 10(23C), one of them will become inoperative | 10AB |
| (v) | where the trust or institution has adopted or undertaken modifications of the objects which do not conform to the conditions of registration, within a period of thirty days from the date of the said adoption or modification; | Modification of object clause | 10AB |
| (vi) | in any other case, where activities of the trust or institution have— | ||
| (A) | not commenced, at least one month prior to the commencement of the previous year relevant to the assessment year from which the said registration is sought; | Provisional registration for trusts who have not commenced charitable activity | 10A |
| (B) | commenced and no income or part thereof of the said trust or institution has been excluded from the total income on account of applicability of sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause (23C) of section 10, or section 11 or section 12, for any previous year ending on or before the date of such application, at any time after the commencement of such activities. | Regular registration for 5 years by trust which has never been registered under Section 11-12 and never claimed any benefit under Section 11-12. | 10AB |
| (c) | Provided that where the application is filed beyond the time allowed in sub-clauses (i) to (vi), the Principal Commissioner or Commissioner may, if he considers that there is a reasonable cause for delay in filing the application, condone such delay and such application shall be deemed to have been filed within time | Condonation of delay in registration/conversion/renewal under sub clauses (i) to (vi). Use condonation facility | 10A,10AB |
Please acquaint yourself with the above and make the right choice including condonation of delay if required.
We will share similar table for registration/renewal under Section 80G separately shortly.
CS Sharad Bhargava