Application for registration of charitable / religious trust and Audit Report

Form 10A, 10AB, 10B and 10BB

Form 10A and Form 10AB:

Income of any fund/institution/trust/university/educational institution/hospital/medical institution referred to in clause (iv),(v),(vi),(via) of clause 23C of Section 10 of the Income Tax Act, 1961 or trust/institution registered under section 12AA/12AB of the Act is exempt subject to fulfilment of conditions provided in the Act.

Applicable Section and Rule
Applicable Section of Income Tax Act, 1961	Section 10(23C),12A, 12AA,12AB	Form 10A - Application for registration /provisional registration/intimation/approval /provisional approval of charitable or religious trust or institution Form 10AB - Application for registration/approval of charitable or religious trust or institution
Applicable Rule	Rule 2C, 5CA,11AA,17A

1 An application for re-registration can be made by following existing approved trusts in Form 10A , before April 1, 2021, with a deadline of June 30, 2021, which was three months after the amendment came into effect:

- - Fund / trust /institution / university/ other educational institution/ hospital /other medical institution referred to in sub-clause (iv) or (v) or (vi) or (via) of section 10(23C) approved under the first proviso
  - Trust or Institution which is registered u/s 12A/12AA
  - Institution/Fund approved u/s 80G(5)(vi)
  - research association/ university/ college/ other institution/company referred to in Section 35(1)(ii),(iii),(iia).

2. Newly created trusts can also make an application for provisional registration in Form 10A within one month before the start of the previous year that is relevant to the assessment year for which the new approval is being sought.

3. The Statement shall be furnished for such period within such time as prescribed. Such provisional registration will remain valid for a duration of three years. However, during this period, the trust must apply for permanent registration within six months of either completing the three-year validity period or commencing its activities, depending on which occurs earlier.

4. Following Trust/institutions who have received provisional registration/approval needs to apply for final registration in Form 10AB atleast 6 months before the expiry of provisional registration/approval or 6 months within the commencement of charitable activities, whichever is earlier:

- - Fund / trust /institution / university/ other educational institution/ hospital /other medical institution referred to in sub-clause (iv) or (v) or (vi) or (via) of section 10(23C) approved under the first proviso from 01.04.2021
  - Trust or Institute which is registered u/s 12AB
  - Institution/Fund approved u/s 80G(5)(vi) from 01.04.2021

5. Trusts/Institutes registered after the amendment of 01.04.2021 and the period of approval is nearing expiry, should also apply in Form 10AB at least 6 months prior to the expiry of the period.

6. Where the Trust/Institution has become inoperative as per first provisio of Section 11(7), then application in Form 10AB to be made atleast six months prior to the commencement of the assessment year from which the said registration is sought to be made operative.

7. Where the Trust/Institution has undertaken any modification/adoption in the Objects which are not in agreement with the conditions of registration, then also the application in Form 10AB can be made within a period of 30 days of such adoption/modification.

8. The said registration granted on making an application in Form 10AB will be valid for a period of 5 years and re-registration application to be made atleast 6 months before the end of 5 years.

9. An application in Form 10A/ 10AB to be accompanied with:

Where the applicant is created/established under an instrument, self-certified copy of such instrument
Where the applicant is created/established other than an instrument, self certified copy of the document evidencing such creation
Self-certified copy of Registration Certificate from ROC/Registrar of Firms / Societies/Public Trusts as the case may be
Self – certified copy of registration under FCRA
Self -certified copy of order granting approval/rejection under 10(23C)
Self-certified copy of Annual Accounts for preceding 3 years
self-certified copies of the annual accounts of business undertaking held by the applicant relating to such prior 3 years and Audit Report as per Section 44AB
Note on the activities of the applicant

10. Form 10A/ 10AB to be verified by the applicant who is required to verify return u/s 140.

11. On receipt of an application in Form 10A, approval to be granted in Form 10AC and a sixteen digit alphanumeric Unique Registration Number (URN) shall be granted to the applicants

12. For Form 10AB, approval to be granted in Form 10AD and a sixteen digit alphanumeric Unique Registration Number (URN) shall be issued to the applicants making application

13. CBDT vide notification no. 6 dated 24th May, 2023 has extended the due date as follows:

Due Date for submitting application for re-registration/approval by charitable/religious trusts/institutions has been extended from 25.11.2022 to 30.09.2023
Due Date for submitting application for regular registration/approval u/s10(23C)/12AB of Income Tax Act, 1961 by provisionally registered/approved trusts/institutions has been extended from 30.09.2022 to 30.09.2023

Copy of circular can be accessed at: https://incometaxindia.gov.in/communications/circular/circular-6-2023.pdf

Form 10B and 10BB

Applicable Section and Rule
Applicable Section of Income Tax Act, 1961	Section 10(23C)(10)(b),12A(1)(b)(ii) and 12A(b)(ii)	Form 10B- Audit Report under clause (b) of tenth provisio to clause 23C of Section 10 and sub clause (ii) of clause (b) of sub-section (1) of Section 12A of the Income tax act, 1961, in case of a fund or trust or institution or any university or other educational institution or any hospital or medical institution. Form 10BB – Audit Report under clause (b) of tenth provisio to clause 23C of Section 10 and sub clause (ii) of clause (b) of sub-section (1) of Section 12A of the Income tax act, 1961, in case of a fund or trust or institution or any university or other educational institution or any hospital or medical institution which is required to be furnished under clause (b) of the tenth provisio to clause 23Cof Section 10 or a Trust or institution which is required to be furnished under sub clause ii of clause b of Section 12A
Applicable Rule	Rule 16CC and 17B

As per Rule 16CC, the Audit Report of the accounts of a fund/ institution/ trust / university/ educational institution/ hospital / medical institution which is required to be furnished under clause (b) of the tenth proviso to clause (23C) of section 10 shall be in—

a. Form No. 10B where—

the total income of such fund or institution or trust, etc as mentioned above without giving effect to the provisions of the sub-clauses (iv), (v), (vi) and (via) of the said clause, exceeds rupees five crores during the previous year; or
such fund or institution or trust, etc has received any foreign contribution during the previous year; or
such fund or institution or trust or university or other educational institution or hospital or other medical institution has applied any part of its income outside India during the previous year;

b. Form No. 10BB in other cases

As per Rule 17B, The Audit Report of the accounts of a trust or institution which is required to be furnished under sub-clause (ii) of clause (b) of Section 12A(1), shall be in

a. Form No. 10B where—

the total income of such trust or institution, without giving effect to the provisions of sections 11 and 12 of the Act, exceeds rupees five crores during the previous year; or
such trust or institution has received any foreign contribution during the previous year; or
such trust or institution has applied any part of its income outside India during the previous year;

b. Form No. 10BB in other cases

Due Date of Audit Report: 30 Sep

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