TaxTMI 
TaxTMI 
Amendment of Rules 2C, 2CA and 11AA and Form Nos 10G, 56 and 56G of the Income-tax Rules, 1962-draft notification for inputs from the stakeholders and the general public
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....tion manually in Form No 56 to the Principal Commissioner or the Commissioner. 2. Similarly, for grant of approval under sub-clauses (vi) and (via) of clause (23C) of section 10 of the Act, for exemption of income received by any person on behalf of any university or other educational institution existing solely for educational purposes and not for purposes of profit, and any hospital or other institution for the reception and treatment of persons suffering from illness or mental defectiveness or for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation, existing solely for philanthropic purposes and not for purposes of profit, rule 2CA of the Rules provide for filing of application manually in Form No 56D to the Principal Commissioner or the Commissioner. 3. Further, rule 11AA of the Rules provide for filing of application manually in Form No 10G for grant of approval under clause (vi) of sub-section (5) of section 80G for deduction in respect of donations to any other fund or any institution to which section 80G applies. 4. In view of the digital advancement that the Government in general, and the Income- ....
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....thorise to act in this behalf. (2) An application for grant of approval for the exemption under sub-clause (iv), sub- clause (v), sub-clause (vi) and sub-clause (via) of clause (23C) of section 10 to any other fund or institution, any trust (including any other legal obligation) or institution, any university or other educational institution, and any hospital or other institution (hereinafter 'the applicant') shall be made in Form No. 56 and accompanied by the following documents, namely :- (a) where the applicant is created, or is established, under an instrument, self- certified copy of the instrument creating or establishing it; (b) where the applicant is created, or is established, otherwise than under an instrument, self-certified copy of the document evidencing its creation, or establishment; (c) self-certified copy of registration with Registrar of Companies or Registrar of Firms and Societies or Registrar of Public Trusts, as the case may be; (d) where the applicant has been in existence during any year or years prior to the financial year in which the application is made, self-certified copies of its accounts and balance....
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....tablishing it; (b) where the applicant is created, or is established, otherwise than under an instrument, self-certified copy of the document evidencing its creation, or establishment; (c) self-certified copy of registration with Registrar of Companies or Registrar of Firms and Societies or Registrar of Public Trusts, as the case may be; (d) where the applicant has been in existence during any year or years prior to the financial year in which the application is made, self-certified copies of its accounts and balance sheet (audited accounts and balance sheet along with the audit report, where audit is required under the relevant laws) for the preceding three previous years or since inception, whichever is less; along with a note on the activities as reflected in the accounts and the annual reports with special reference to the appropriation of income towards purposes of the applicant, if applicable; (e) self-certified copy of order granting registration under section 12A or section 12AA, as the case may be; (f) self-certified copy of order granting approval under sub-clause (iv), sub-clause (v), sub-clause (vi) or sub-clause (via) of cla....
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....as received.". 3. In the principal rules, in Appendix II,- (i) for 'Forms Nos. 56 and 56D', the following Form shall be substituted, namely: ============= Document 1 F No 370142/14/2018-TPL (g) self-certified copy of order rejecting the application for grant of approval under section 80G, if any; (h) note on the activities of the applicant; and (i) copy of application in case applied for registration under section 12AA or for approval under sub-clause (iv), sub-clause (v), sub-clause (vi) or sub-clause (via) of clause (23C) of section 10, as applicable. (2) Form No 10G shall be furnished electronically,- (i) under digital signature, if the return of income is required to be furnished under digital signature; (ii) through electronic verification code in a case not covered under clause (i). (3) Form No. 10G shall be verified by the person who is authorised to verify the return of income under section 140, as applicable to the assessee. (4) The Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems), as the case may be, shall specify the data structure, standards and procedure of furnishing and....
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....ty or other educational institution) Sub-clause (via) of clause (23C) of section 10 (hospital or other institution) C. Legal Status Please specify whether the Fund/ Institution is- (select any one) O constituted as Public Trust under (please specify name of Act under which constituted as a Public Trust) O registered under the Societies Registration Act, 1860 (21 of 1860) or under any law corresponding to that Act in force in any part of India (please specify name of the law under which registered) O registered under section 8 of the Companies Act, 2013 (18 of 2013) or under section 25 of the Companies Act, 1956 (1 of 1956) O Others (please specify) D. Purpose 1. Purpose (select only one depending on sub-clause under which applying): Charitable purposes [sub-clause (iv)] Educational purposes [sub-clause (vi)] Wholly for public religious purposes [sub-clause (v)] Philanthropic purposes [sub-clause (via)] Wholly for public religious and charitable purposes [sub-clause (v)] la. In case of charitable or wholly for public religious and charitable purposes, please select (at least one): Relief of the poor Education Preservation of environment (in....
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....BBC (if any) Amount accumulated S Voluntary contribution Cash Kind Total Others Total FY No Cash Kind Total F No 370142/14/2018-TPL 1. Modes specified under sub-section (5) of section 11#: S No Mode Details of investments Amount of investment Income from investment investments L. Details of investments Any other mode#: S No Mode Details of investments Amount of investment Income from investment M. Miscellaneous 1. Whether the trust deed contains clause that the trust is irrevocable? Yes/ No 2. Whether any application, made by the applicant for approval in the past, has been rejected? Yes/ No 2a. If yes, then please furnish the following details: Order No Order date Authority which passed the order D D M M Y Y Y Y 3. Whether the applicant is registered under the FCRA, 2010? Yes/ No 3a. If yes, please provide the following details: (i) Details of registration: Registration No Date of registration (ii) Details of amount received in last three financial years including the previous year (if applying after the end of the previous year) for which application is being made: S No Financial Years Country Cur....
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....along with a note on the activities as reflected in the accounts and the annual reports with special reference to the appropriation of income towards purposes of the applicant, if applicable; F No 370142/14/2018-TPL (d) where the applicant has been granted approval under section 80G, self-certified copy of the order granting approval under section 80G; (e) order granting registration under section 12A or section 12AA, as the case may be, if any; (f) order rejecting the application for grant of registration under section 12A or section 12AA, as the case may be, if any; and (g) application in case applied for registration under section 12AA or for approval under section 80G, as applicable. 2. Note on activities of the applicant. 3. 4. Any other (Please specify) (ii) for 'Form 10G', the following Form shall be substituted, namely :- "FORM No. 10G (See rule 11AA) Application for grant of approval to fund or institution under clause (vi) of sub-section (5) of section 80G of the Income-tax Act, 1961 Name of the Fund/ Institution (Auto populated) A B C DE12 3 4 F A. Details of Registered Office Flat / Door / Block No Name of Premises / Building / ....
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....hich constituted part registered under the Societies Registration Act, 1860 (21 of 1860) or under any law corresponding to that Act in force in any of India (please specify name of the law under which registered) any University established law. other educational institution recognised by the Government or by any University established by law, or affiliated to any D. In case of a Trust Details of Author (s)/ Founder (s)/ Settlor (s): S. No (s): Name PAN Aadhaar No. (if allotted) Address (s): Details of Trustee (s)/ Members of the Governing Council/ Director (s) / Office Bearer (s): E. In case of a Trust/ Society/ Company/ Other Institutions S.No Name Designation PAN Aadhaar No. (if allotted) Address F No 370142/14/2018-TPL Status of registration or approval of the fund or institution: Registered under section 12A/ 12AA F. Registration/ Approval Details Approved under clause (23C) of section 10 Applied for registration under section 12A/ 12AA Applied for approval under clause (23C) of section 10 1b. S No Section Registration/ Application Number Date of Registration/ Approval/ Application G. Details of Business 1....
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.... Designation Address Attachments: 5. Self-certified copy of- (a) the instrument/ document evidencing the creation or establishment of the fund or institution, being the applicant, as applicable; (b) certificate of registration with Registrar of Companies/ Firms/ Societies/ Public Trusts etc, wherever applicable; (c) memorandum of association, articles of association, trust deed, rules/ regulations of the trust or institution and those of other institutions like schools, hospitals, etc., managed by the trust or institution, as applicable; (d) accounts and balance sheet for the preceding three assessment years or since inception (whichever is less), along with audited report if required under the relevant laws and a note on the activities as reflected in the accounts of and the annual reports with special reference to the appropriation of income towards purposes of the trust, if applicable; (e) order granting registration under section 12A or section 12AA, as the case may be, if any; F No 370142/14/2018-TPL (f) order granting approval under sub-clause (iv), sub-clause (v), sub-clause (vi) or sub-clause (via) of clause (23C)of section 10, as the case m....