The Central Board of Direct Taxes (CBDT) has issued a clarification regarding Form No. 10AC, which is used for granting registration or approval to trusts and institutions. This clarification addresses changes introduced by the Finance Act, 2022, affecting conditions for registration and approval. For forms issued between 1st April 2021 and 3rd June 2022, the conditions listed in Form 10AC are to be read as substituted with updated conditions effective from 1st April 2022. Additionally, the CBDT clarified that any Form 10AC issued with 'provisional registration' or 'provisional approval' headings due to technical glitches during FY 2021-2022 will be considered as 'registration' or 'approval'.
Circular No. 11 of 2022
F. No.370142/4/2021-TPL
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
(TPL Division)
Dated: 3rd June, 2022
Sub: Clarification regarding Form No 10AC issued till the date of this Circular - reg
Finance Act, 2022 has inserted sub-section (4) in section 12AB of the Income-tax Act, 1961 (the Act) allowing the Principal Commissioner or Commissioner of Income-tax to examine if there is any specified violation by the
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FAQ :
The clarification updates the conditions for trusts and institutions that received Form 10AC between 1st April 2021 and 3rd June 2022, aligning them with amendments made by the Finance Act, 2022.
The updated conditions are effective from 1st April 2022.
If Form 10AC was issued with a 'provisional registration' or 'provisional approval' heading during FY 2021-2022 due to technical glitches, it will be treated as a regular 'registration' or 'approval'.
The amendments primarily affect Section 12AB (registration of trusts and institutions) and Section 10 (clause 23C, regarding funds and institutions).
For applications seeking re-registration or re-approval, terms like 'provisional registration' will be read as 'registration', and 'provisionally registered' will be read as 'registered' (and similarly for approval).
A 'specified violation' includes instances where the activities of a trust or institution are not carried out in accordance with the conditions under which it was approved or registered.