12A and 80G REGISTRATION

This query is : Resolved

SIKANDAR BANKAR (Querist)
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07 October 2019 An educational institution which is registered under societies Act more than 7year before. Now society want to get register in 12A & 80G. Institution has all the previous years audited statements. But institution does not have INCOME TAX RETURN. IS INCOME TAX RETURNS ARE MANDATORY FOR getting register under 12a & 80G? Can institution apply for 12a &80G without Income Tax returns?

CA Pawan Koradia

CA Pawan Koradia (Expert)
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08 October 2019 If gross total income is less than the amount not chargeable to tax then it is not required to file an income tax return. Further, while counting this limit you should not be allowed to take a deduction under section 11, as it is not available. However, if gross income is more than the basic exemption limit then without having 12A/12AA registration, trust is required to pay tax @30% on gross total income.

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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08 October 2019 Can apply, but the CIT may ask for IT returns by exercising rule 11AA(3).

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CA Dhruva Kalamanji

CA Dhruva Kalamanji (Expert)
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08 October 2019 can apply, however officer can ask for tge it returns. we have to satisfy/convince officer with proper reply stating why it returns not filed

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Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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30 May 2020 Documents to be furnished alongwith Form 10A for registration u/s 12A
Self-certified copy of Trust Deed or Instrument, where the trust is created under an instrument.
Self- certified copy of the document evidencing the creation of the trust, where the trust is created, otherwise than under an instrument.
Self-certified copy of registration with Registrar of Companies (RoC) or Registrar of Firms and Societies or Registrar of Public Trusts.
Self-certified copy of the documents evidencing adoption or modification of the objects, if any;
Where the trust has been in existence for during any year or years prior to the financial year in which the application for registration is made, self-certified copies of the annual accounts of the trust relating to such prior year or years (but not more than 3 years immediately preceding the year).
Note on the activities of the trust or institution.
Self-certified copy of the existing order granting registration under section 12A or section 12AA, if any.
Self-certified copy of the order of rejection of an application for grant of registration under section 12A or section 12AA, if any.
Note:

Form No. 10A 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)

Form No. 10A shall be verified by the person who is authorised to verify the return of income under section 140, as applicable to the assessee.