Renewal of registration of charitable trust already registered under section 12AA

This query is : Resolved

SUNIL KUMAR JAIN (Querist)
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04 September 2022 One of the trust registered under section 12AA of Income tax Act since 2008 could not file application for renewal of trust under section 12A(1)(ac)(i) by extended due date 31/03/2022. Now the trust which is having education as its objective want to continue registration of trust. My question is what are the options open for the trust? Now should it apply for registration under section 12A(1)ac(vi)? If that is the case for which assessment year should it file the application A.Y. 2023-24 or A.Y. 2024-25, because as per section 12A(1)ac(vi) application is required to be made at least one month prior to commencement of previous year relevant to assessment year from which registration is sought.
CA SUNIL JAIN

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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05 September 2022 It's AY 2024-25.............

SUNIL KUMAR JAIN

SUNIL KUMAR JAIN (Querist)
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08 September 2022 Thank You, Sitharaman Sir,
In the context of above my query is :
1. what will be status of A.Y. 2022-23, and A.Y. 2023-24 . Can return be filed claiming exemption u/s 10(23C)(iiiad) if receipts are less than 5 crore.
2. Can any other action be taken against the trust for the period it does not hold registration.
3. Can action be taken against the trust under section 115TD during the period of non registration. There is no change in objective of public charitable trust
4. In on-line application in form 10A for registration under section 12A(1)(ac)(vi) only option of the assessment year 2023-24 is available. Is the option for registration for A.Y. 2023-24 still available .
CA SUNIL JAIN

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CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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08 September 2022 1 Claim exemption u/s 10(23C)(iiiad) if receipts are less than 5 crore.
2 No action can be taken if exemption claimed as above.
3 No action can be taken.
4 yes it's available.

SUNIL KUMAR JAIN

SUNIL KUMAR JAIN (Querist)
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09 September 2022 Thank You again Sitharaman Sir,
Regarding my query at point 4 "In on-line application in form 10A for registration under section 12A(1)(ac)(vi) only option of the assessment year 2023-24 is available. Is the option for registration for A.Y. 2023-24 still available" I wanted to ask that in on online portal only option for registration for A.Y. 2023-24 is available under section 12A(1)(ac)(vi), whereas as per section 12A(1)(ac)(vi) itself the application should have been made at least one month before start of previous year 2022-23 relevant to A.Y. 2023-24 i.e. the application should have been made upto 28.02.2022 for registration for A.Y. 2023-24. Now can the trust validly apply for registration for A.Y. 2023-24 u/s 12A(1)(ac)(vi) in current month Septemeber 2022.
Regards
CA SUNIL JAIN

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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09 September 2022 No, it's not possible as per the provisions.