TaxTMI 
TaxTMI 
Application for registration (Registration)- Section 332 (New) / Section 12A, 12AB, 12AA (Old)
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....ifferent categories of registration applications, time limits for filing applications, validity of registration, provisional registration, condonation of delay and the procedure to be followed by the Principal Commissioner or Commissioner. Section 332(1) - Persons Eligible to Apply for Registration The following persons may apply to the Principal Commissioner or Commissioner for registration as a registered non-profit organisation: • a public trust; • a society registered under the Societies Registration Act, 1860 or any other law in force in India; • a section 8 company under the Companies Act, 2013, including specified companies registered under section 25 of the Companies Act, 1956; ....
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.... Time limit for order Validity of registration 1 Activities have not commenced and applicant has not been registered under a specified provision earlier At any time during the tax year from which registration is sought One month from end of month in which application is made 3 tax years commencing from the tax year in which application is made 2 Activities have commenced but applicant has not been registered under a specified provision earlier At any time during the tax year from which registration is sought Six months from end of quarter in which application is made 5 tax years commencing from the tax year in which application is made 3 Provisional registrat....
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....y Where an application under section 332(3) is filed beyond the prescribed time, the Principal Commissioner or Commissioner may condone the delay if satisfied that there was a reasonable cause for such delay. Upon condonation, the application is treated as having been made within the prescribed time. Section 332(5) - Extended Validity for Smaller Organisations Where an application is made under section 332(3), Table Sl. Nos. 3 to 7, and the applicant's total income, without giving effect to the provisions of this Part, does not exceed Rs.5 crore during each of the two tax years preceding the tax year in which the application is made, the validity period is extended. In such cases, the reference to "five years" is substitu....
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.... A copy of the order is required to be sent to the applicant and the Assessing Officer. Section 332(8) - Provisional Registration Where an application is made in the case specified in Table Sl. No. 1 of sub-section(3), the Principal Commissioner or Commissioner shall grant provisional registration. Section 332(9) - Expired Registration Granted Before 1 April 2021 Where registration granted before 1 April 2021 under the specified provisions of the Income-tax Act, 1961 has expired, the person may apply for registration under the 2025 Act. Where there is reasonable cause for the delay, the Principal Commissioner or Commissioner may condone the delay and grant registration within three months from the end of the month in which....
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....ligious purposes. Section 332(2)(b) expressly requires the properties to be held for the benefit of the general public under an irrevocable trust, wholly or partly for charitable or religious purposes in India, subject to the historical exception specified therein. Provisional registration Section 12AB provided for provisional registration in specified cases where activities had not commenced. Section 332(3), Table Sl. No. 1, read with section 332(8), provides for provisional registration where activities have not commenced. Validity where activities have not commenced Provisional registration under the 1961 Act was for the prescribed period applicable under section 12AB. Registration in the case co....
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....ding two tax years, the five-year validity specified for Table Sl. Nos. 3 to 7 is effectively extended to ten years. Condonation of delay Section 12A/12AB contained specific provisions dealing with delay in making applications in specified circumstances. Section 332(4) expressly empowers the Principal Commissioner or Commissioner to condone delay where there is reasonable cause. Inquiry by Commissioner Section 12AA/12AB provided for examination of objects, genuineness of activities and compliance with applicable requirements. Section 332(7) expressly permits calling for documents/information and making inquiries regarding genuineness of activities and compliance with material requirements of other laws. ....