Sec 8 company sec 12ab reg

If co is registered under sec 8 , then do it mandatory need to file ADT1 and also if under income tax sec 12A and 12B registration is not done within 6 month of commencement of activities its been 7 month then what should be done and how can i claim exemption. Gross receipts is around 5 lakh . Reg on 8 dec commencement of activities 5 january .and form 10 submission date

Replies (3)
Quick Summary
This discussion clarifies compliance requirements for Section 8 companies, particularly regarding ADT-1 filings for auditor appointments. It addresses the crucial step of obtaining Section 12AB registration within the stipulated timeframe to claim income tax exemptions under Sections 11/12. The advice covers immediate action for provisional registration and clarifies Form 10 submission requirements for income accumulation.

  • ADT-1 Compliance: Mandatory under Companies Act, 2013 for auditor appointment.

  • Section 12AB Action: Immediately file Form 10A/10AB on the Income Tax portal to secure provisional registration; exemptions under Section 11/12 cannot be claimed without an active Section 12AB registration number.

  • Form 10 Filing: Required only when accumulating/setting apart income, due on or before the ITR filing due date u/s 139(1).

This discussion highlights how crucial it is for Sec 8 companies to understand the compliance pathway when applying for 12AB registration. A thorough understanding of operational objectives, supporting documentation, and the application process helps reduce the risk of delays or rejection.

wacky flip

Missing the 6-month window does not permanently bar Section 12AB registration. File Form 10A now for provisional registration and mention in the covering note that activities commenced and the delay is being regularized. The department typically processes these without penalty if gross receipts are low.

Steps to take immediately:
1. File Form 10A on the income tax e-filing portal for provisional registration under Section 12AB. This gives a 3-year provisional certificate.
2. For ADT-1 (auditor appointment): yes, Section 8 companies must file ADT-1 within 15 days of the AGM where the auditor was appointed. File it now on MCA V3 with the correct appointment date. Late filing attracts a fee but non-filing risks director default status.
3. If the Section 8 company intends to receive foreign funds later, start FCRA provisional registration separately.

With Rs 5 lakh gross receipts, provisional 12AB registration is usually processed within 30 days.

This [Form 10A and 10AB registration guide](https://taxgarden.in/blog/form-10a-10ab-trust-registration-section-12ab-india) has the exact documents needed and common rejection reasons.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 12 September 2026
Assistant Manager - Finance & Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
30 September 2026
Senior Accountant

Codeboard Technology

Chennai

B.Com

View Details
Company
20 September 2026
Semi Qualified CA

Navin & Associates

Mumbai

CA Inter

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
ARTICLESHIP 15 September 2026
Freelance Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 18 September 2026
Industrial Trainee

Twenty Point Nine Five Ventures Private Limited

Noida

CA Inter

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details