Penalty for late filling of aop

This query is : Resolved 

27 December 2014 Sir,
Kindly let me know the IT section under which penalty is applicable for late filling of Society Income of Return, registered under society Act,society is also having 80G certificate.

Is it mandatory to Renew 80G certificate after the expiry or it is automatically renewed?
In one of my client's case 80G expired on 31-03-2012. For renewal of 80G i already filed a letter Dt.26-03-2012 with ITO Headquarter(Exemption),till date neither i have received any reply nor 80G certificate from the IT Department.
Kindly give your opinion in the matter and oblige.

Regards,
CA Dilip Kotak


27 December 2014 It appears that some doubts still prevail about the period of validity of approval under Section 80G subsequent to 1.10.2009, especially in view of the fact that no corresponding change has been made in Rule 11A(4). To remove any doubts in this regard, it is reiterated that any approval under Section 80G(5) on or after 1.10.2009 would be a one time approval which would be valid till it is withdrawn.
If your earlier approval is before 1.10.2009 follow it up for renewal. If approval is after on or after 1.10.2009 it is one time approval no renewal required.

If a person who is required to furnish a return of his income, as required under sub-section (1) of section 139 or by the provisos to that sub-section, fails to furnish such return before the end of the relevant assessment year, the Assessing Officer may direct that such person shall pay, by way of penalty, a sum of five thousand rupees.


27 December 2014 Thanks for your prompt & immediate reply


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