12A Registration

  • Drafting of Application
  • Filling of Application with the Department
  • Representation with the income Tax Commissioner
  • Submission of Additional Documents as and when required by Tax authorities
  • Grant of Certificate
Request a call back

Trust, Society and Section 8 Company (Non profit organizations) can seek registration under section 12A to claim exemption under provisions of Income Tax Act, 1961, for which certain conditions need to be satisfied. Application for registration of a trust, Society and Section 8 Company (Non profit organizations) is to be made under Section 12AA of the Income tax Act, 1961 and such other procedures prescribed therein has to be complied with due diligence.

How to get Registration Certificate u/s 12AA
1 Required details / documents :
  1. Document evidencing creation of org. ( trust deed / co operative societies registration certificate / incorporation certificate / any other document evidencing creation of non profitable institution)
  2. PAN of organization
  3. Detail of author and trustees (PAN & AADHAR CARD AND ITR)
  4. Details of objects
  5. Detail of activities undertaken in accordance with objects

Where trust/institution is created under an instrument - Original copy of instrument creating the trust/institution, i.e., trust deed, with one copy thereof,. Certified copy in lieu of original copy of trust deed can also be accepted by the Commissioner.

Otherwise - Documents evidencing the creation of trust/institution, with one copy thereof, Where the trust/institution has been in existence during any year(s) prior to financial year in which application for registration is made, the application should be accompanied by two copies of accounts of trust/institution relating to immediately prior year or years (not being more than 3 years immediately preceding the year in which application is made) for which such accounts have been made up.

2 PROCEDURE (Section 12A r.w.r 17A)
  1. Made application for registration of the trust or institution in duplicate
  2. To the Principal Commissioner or Commissioner
  3. In the prescribed form no. 10A,
Note:
  • If the trust or institution has already been registered but adopted or undertaken modifications of the objects which do not conform to the conditions of registration, then such trust or institution has to make fresh registration within 30 days of modification.
  • CRUX : In case of new registration or modification - exemptions will be available from the assessment year immediately following the financial year in which such application is made.i.e. (from the financial year in which application is made)
Other Points to be Remembered:
  1. Circumstance when exemption would be granted for an earlier assessment year - In case where a trust or institution has been granted registration under section 12AA, the benefit of sections 11 and 12 shall be available in respect of any income derived from property held under trust in any assessment proceeding for an earlier assessment year which is pending before the Assessing Officer as on the date of such registration. Provided he objects and activities of such trust or institution in the relevant earlier assessment year should be the same as those on the basis of which such registration has been granted.
  2. Reassessment proceedings not to be initiated for earlier years due to reason of non-registration:
  3. The provisions of sections 11 and 12 shall not apply if the registration was refused / cancelled at any time .
  4. As per section 12AA - AO will call for such documents to satisfy Order granting / refusing registration will be passed within 6 months from the end of the month in which the application was received
  5. Detail of activities undertaken in accordance with objects