CBDT makes amendments to Rule 2C vide Income-tax (6th Amendment) Rules, 2021



Quick Summary
The Central Board of Direct Taxes (CBDT) has introduced the Income-tax (6th Amendment) Rules, 2021, which bring changes to Rule 2C of the Income-tax Rules, 1962. These amendments, effective from 1st April 2021, outline the new application process for obtaining approval for funds, trusts, institutions, universities, hospitals, and other medical institutions under Section 10(23C). The updated rules specify the use of Form 10A or Form 10AB, depending on the specific clause of Section 10(23C) being applied under, and detail the required supporting documents.

The Central Board of Direct Taxes has released the Income-tax (6th Amendment) Rules, 2021 wherein, further amendments have been made in Rule 2C of the Income-tax Rules, 1962. Read the official notification below:

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 26th March, 2021
INCOME-TAX

G.S.R. 212(E).—In exercise of the powers conferred by clauses (i), (ii), (iii) and (iv) of first proviso to clause (23C) of section 10, ninth proviso to clause (23C) of section 10, sub-clauses (i) (ii), (iii), (iv), (v) and (vi) of clause (ac) of sub-section (1) of section 12A, sub-section (3) of section 12AB, first and fifth proviso to sub-section (1) of section 35, sub-section (1A) of section 35 , clauses (i), (ii), (iii) and (iv) of first proviso to sub-section (5) of section 80G, third proviso to sub-section (5) of section 80G and clauses (viii) and (ix) of sub-section (5) of section 80G, read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-

1. (1) These rules may be called the Income-tax (6th Amendment) Rules, 2021.
 (2) They shall come into force on the 1st day of April, 2021.

2. In the Income-tax Rules, 1962 (hereinafter referred to as the principal rules), for rule 2C, the following rule shall be substituted, namely: -

“2C. Application for the purpose of grant of approval of a fund or trust or institution or university or any hospital or other medical institution under clause (i) or clause (ii) or clause (iii) or clause (iv) of first proviso to clause (23C) of Section 10. (1)An application under clause (i) or clause (ii) or clause (iii) or clause (iv) of first proviso to clause (23C) of section 10 for the grant of approval of a fund or trust or institution, or university or other educational institution or any hospital or other medical institution (hereinafter referred to as 'the applicant') shall be made in the following Form, namely:-

(i) Form No. 10A in case of application under clause (i) or clause (iv) of first proviso to clause (23C) of section 10 to the Principal Commissioner or Commissioner authorised by the Board; or

(ii) Form No. 10AB in case of application under clause (ii) or clause (iii) of first proviso to clause (23C) of section 10 to the Principal Commissioner or Commissioner under the said proviso.

(2) The application under sub-rule (1) shall be accompanied by the following documents, as required by Form Nos. 10A or 10AB, as the case may be, namely: —

(a) where the applicant is created or established, under an instrument, self-certified copy of such instrument creating or establishing the applicant;

(b) where the applicant is created or established, otherwise than under an instrument, self-certified copy of the document evidencing the creation or establishment of the applicant;

(c) self-certified copy of registration with Registrar of Companies or Registrar of Firms and Societies or Registrar of Public Trusts, as the case may be;

(d) self-certified copy of registration under Foreign Contribution (Regulation) Act, 2010 (42 of 2010), if the applicant is registered under such Act;

(e) self-certified copy of existing order granting approval under clause (23C) of section 10;

(f) self-certified copy of order of rejection of application for grant of approval under clause (23C) of section 10, if any;

(g) where the applicant has been in existence during any year or years prior to the financial year in which the application for registration is made, self-certified copies of the annual accounts of the applicant relating to such prior year or years (not being more than three years immediately preceding the year in which the said application is made) for which such accounts have been made up;

(h) where a business undertaking is held by the applicant as per the provisions of sub-section (4) of section 11 and the applicant has been in existence during any year or years prior to the financial year in which the application for registration is made, self-certified copies of the annual accounts of such business undertaking relating to such prior year or years (not being more than three years  immediately preceding the year in which the said application is made) for which such accounts have been made up and self-certified copy of the report of audit as per the provisions of section 44AB for such period;

To read / download the complete notification, find the enclosed attachment

FAQ :

The Income-tax (6th Amendment) Rules, 2021, are amendments made by the Central Board of Direct Taxes (CBDT) to Rule 2C of the Income-tax Rules, 1962, which govern the application process for approval of certain entities.

These amendments came into force on the 1st day of April, 2021.

Rule 2C now specifies the application procedure for obtaining approval for funds, trusts, institutions, universities, hospitals, or other medical institutions under clauses (i), (ii), (iii), or (iv) of the first proviso to clause (23C) of Section 10.

Form No. 10A is required for applications under clause (i) or (iv) of the first proviso to Section 10(23C), while Form No. 10AB is required for applications under clause (ii) or (iii) of the same proviso.

Required documents include self-certified copies of the instrument establishing the applicant, registration documents (e.g., with Registrar of Companies or Public Trusts), FCRA registration if applicable, existing approval orders, and annual accounts for up to three preceding financial years.

Attached File : 40_19860_226170.pdf



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