Finance Act, 2017, has inserted a new clause (ab) in Section 12A(1) of the Income-tax Act, 1961, applicable from 1 April, 2018, to provide for submission of fresh registration application by existing charitable trust(s)/ institution(s) (registered under IT sections 12A/ 12AA) which have subsequently adopted/ undertaken modification(s) to the objects, not in conformity with the conditions of such registration.
It may be noted that the rules for making an application for registration of charitable or religious trusts under section 12A of the Act are already laid down under Rule 17A of the Income-tax Rules, 1962. As per the Rules, the application, for registration of charitable or religious trusts under section 12A of the Act, is to be made in Form 10A. However, the form and manner in which an application of registration u/s 12(1)(ab) shall be made to the Principal Commissioner or Commissioner for registration of the trust or institution subsequent to modification of its objects, is required to be prescribed.
Accordingly, in view of amendment inserted in IT Section 12A(1)(ab) by the Finance Act, 2017, applicable from 1 Apr. 2018, requiring fresh registration of existing charitable trust(s)/ institution(s) which have made changes in objects clause not conforming to their registration conditions; the CBDT has released a draft notification with proposed changes/ amendments in IT Rule 17A and Form 10A for comments from the stakeholders and general public. The suggestions may be submitted at email@example.com latest by 27 Oct. 2017.
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