CBDT amends Form 10A, 10AB, 10AC,10AD, 10B and 10BB governing Trusts and Charitable institutions w.e.f. October 1st, 2023 [Read Notification]

The Central Board of Direct Taxes (CBDT) has amended the Income Tax Rules,1962 through vide notification no. G.S.R. 457(E) issued on 23rd June 2023. The board has changed the rules of the trusts and other new charitable institutions for its registration. It amended the Form 10A, 10AB, 10AC, 10AD, 10B and 10BB. The changes shall come into force on October 1st 2023.

The board has made changes in Rule 2C, Rule 11AA and Rule 17A. The substitutions were added for certain words.

In rule 2C,-

(i) in sub-rule (1), -

(I) in clause (i), for the words, brackets and figure “clause (i) or”, the words, brackets, figure and letter “clause (i) or sub-clause (A) of ” shall be substituted;

(II) in clause (ii), for the word, brackets and figures “clause (iii)”, the words, bracket, figures and letter “clause (iii) or sub-clause (B) of clause (iv)” shall be substituted;

(ii) in sub-rule (7), for the word and figures “section 10”, the words and figures “section 10 as it stood immediately before its amendment by the Finance Act, 2023,” shall be substituted;

In rule 11AA,-

(i) in sub-rule (1),-

(I) in clause (a), for the words, brackets and figure “clause (i) or”, the words, brackets, figure and letter “clause (i) or sub-clause (A) of” shall be substituted;

(II) for clause (b), the following sub-clause shall be substituted, namely:- “(b) Form No. 10AB in case of application under clause (ii) or clause (iii) or sub-clause (B) of clause (iv) of the first proviso to sub - section (5) of section 80G to the Principal Commissioner or Commissioner authorised under the said proviso.” ;

(ii) for sub-rule (7), the following sub-rule shall be substituted, namely:- “(7) In case of an application made under,-

(i) clause (iv) of the first proviso to sub-section (5) of section 80G as it stood immediately before its amendment vide the Finance Act, 2023,; or

(ii) sub-clause (A) of clause (iv) of first proviso to sub-section (5) of section 80G,

the provisional approval shall be effective from the assessment year relevant to the previous

year in which such application is made.”;

In rule 17A,-

(i) in sub-rule (1),-

(I) in clause (i), for the words, brackets and figure “sub-clause (i) or”, the words, brackets,

figure and letter “sub-clause (i) or item (A) of sub-clause” shall be substituted;

(II) in clause (ii), for the word, brackets and figure “or (v)”, the words, brackets, figures

and letter “or (v) or item (B) of sub-clause (vi)” shall be substituted;

(ii) in sub-rule (7), for the word, figure and letter “section 12A” the words, figures and letter

“section 12A as it stood immediately before its amendment vide the Finance Act, 2023,” shall be substituted.

Under Form 10A and 10AB, the board has made some substitutions in the words of the declaration. Also stated that you have to use only the relevant part of the form, otherwise just strike it off.

In Form No. 10AC and 10AD after row 2, 2A is added which mentions about the Nature of Activities, where you are provided with options of Charitable, Religious and Religious cum Charitable. You can provide the information by ticking the form on the given box.

The substitutions were also made in the Form No. 10B, in the Annexure, for schedule 269ST and entries relating thereto. In the Form No. 10BB, in the Annexure, in row 10 (iii), for the words, brackets and figures “ sub-clause (iv)” , the words , brackets and figures “sub-clause (iii)” shall be substituted.

Please refer to the official gazette attached below for the clear reference of the form and the amendment

To Read the full text of the Order CLICK HERE

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