The Central Board of Direct Taxes (CBDT) has condoned the delay in filing of Form 10A, up to November 25, in respect of certain provisions of Sections 12A/10(23C)/80G/35 of the Income Tax Act, 1961. In this regard, the Exemption wing of Income Tax Department, Vejalpur, Gujarat on Friday conducted an outreach programme with members of Chartered Accountants Associations, Income Tax Bar Association and other dignitaries.
As per the provisions of the act, Form 10A was required to be filed electronically by June 30, 2021. However the deadline was extended to August 31, 2021, and then to March 31, 2022.
The extensions were given in view of the representations received by the CBDT and with a view to avoid genuine hardship to taxpayers.Considering the situation, the CBDT condoned the delay in filing of Form 10A, a statement issued by the Finance Ministry said.
Commissioner of Income Tax (Exemption), Rajesh Kumar said, “The Finance Act 2020 and 2021 has brought in a new regime for registration or approval of charitable institutions in the country. As per the new regime all charitable organisations which were already registered/approved under 12AB/80G/10(23C)/35(1) were required to mandatorily file an application electronically before March 31, 2022.”
Registrations with 5 years validity only
Such registrations/approvals have become redundant from April 1, 2021 and the new section 12AB has replaced the old section 12A for registration purposes. Under the new regime, the registration will have a limited validity of five years. Even the existing charitable institutions were required to mandatorily apply for fresh registrations in Form 10A under the new provisions of sec 12AB of the act on or before March 31, 2022.
Condoning the delay, the CBDT stated that “On consideration of the matter, with a view to avoid genuine hardship to such cases, the Board, in exercise of the powers conferred under section 119(2)(b) of the Act, hereby condones the delay upto 25.11.2022 in filing Form No.10A under sub-clause (i) of clause (ac) of sub-section (1) of section 12A /clause (i) of first proviso to clause (23C) of section 10/ clause (i) of first proviso to sub-section 5 of section 800 / fifth proviso to sub-section I of section 35 of the Act, which was required to be made electronically on or before 31.03.2022.”