Cancellation of 10(23C) registration

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In case of a Section 8 company, while online filling form 10A a section selection error was committed, instead of 12A exemption 10(23C) was selected. For this application provisional registration number is also obtained. But as the Company wants 12A registration , we are willing to cancel 10(23C) registration and online there is no option for the same. Kindly for the further action to be conducted.

Replies (1)

To address the error of selecting section 10(23C) instead of 12A during the Form 10A registration process, you generally need to withdraw the incorrect application and submit a fresh one.

Because the Income Tax e-filing portal does not typically provide a direct "cancel" or "delete" button for submitted forms, the standard procedure involves using the withdrawal functionality if it is available for your specific case.

Steps to Consider

  1. Check for Withdrawal Functionality: The Income Tax Department provides a "Surrender Form 10AC/Withdraw 10A" feature for certain scenarios (typically if an application was submitted incorrectly in the older portal or if there was a technical error in issuance). You can check if this is available by navigating to:

    • e-File > Income Tax Forms > View Filed Forms > Form 10A > Additional Actions.

  2. Submit a Fresh Application: If you are able to successfully withdraw the incorrect application, you can then proceed to file a fresh Form 10A in the e-filing portal, selecting the correct section (12A) this time.

  3. Consult a Tax Professional: Given that this involves Section 8 company registration and potential tax exemption status, it is highly advisable to consult with a Chartered Accountant (CA) or a tax practitioner. They can verify the current status of your URN (Unique Registration Number) and advise on whether a formal letter to the jurisdictional Commissioner of Income Tax (Exemptions) is required to rectify the clerical error.

  4. Policy Shift: Be aware that recent government moves, including updates in the 2024 Budget, have signaled an effort to merge the 10(23C) and 12A regimes. While you currently need to be registered under the correct section to claim specific exemptions, ensure that your application aligns with the current compliance requirements for your organization type.

Summary

If you selected the wrong section (10(23C) instead of 12A) in your Form 10A application, there is no direct "cancel" button. You should check the "Additional Actions" tab in your "View Filed Forms" section on the e-filing portal to see if a withdrawal option is available. If not, you may need to reach out to the jurisdictional Commissioner of Income Tax (Exemptions) to rectify the error, as proceeding with the wrong registration could impact your future tax exemption claims.

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