Introduction: Circular No. 07/2024 dated 25.04.2024 issued by the Central Board of Direct Taxes (CBDT) addresses the extension of due dates for filing Form No. 10A/10AB under the Income-tax Act, 1961. Over the years, various extensions have been granted due to difficulties reported by taxpayers.
Detailed Analysis:
1. Historical Context: The circular outlines the sequence of extensions provided for filing Form No. 10A/10AB since its inception. Starting from Circular No. 12/2021 to Circular No. 6/2023, each extension is meticulously documented, reflecting the evolving nature of compliance challenges faced by taxpayers and stakeholders.
2. Reasons for Extension: CBDT acknowledges the difficulties reported by taxpayers and stakeholders in electronically filing Form No. 10A/10AB. These challenges necessitated the continuous extension of due dates to alleviate genuine hardships faced by taxpayers in meeting compliance requirements.
3. Extension Details:
- The due date for filing Form No. 10A is extended till 30.06.2024.
- Similarly, the due date for filing Form No. 10AB is also extended till 30.06.2024.
- Special provisions are outlined for pending applications and cases where applications were rejected due to procedural reasons.
4. Provisional Registration: The circular elucidates provisions regarding provisional registration for existing trusts, institutions, or funds that failed to file Form No. 10A for AY 2022-23 within the stipulated timeline. It provides an option to surrender Form No. 10AC and apply for registration for AY 2022-23 within the extended timeframe.
5. Clarifications: CBDT clarifies certain scenarios related to the filing of Form No. 10A and Form No. 10AB, ensuring clarity for taxpayers and stakeholders. These clarifications aim to streamline the compliance process and facilitate smooth interactions with the tax authorities.
Conclusion: Circular No. 07/2024 dated 25.04.2024 issued by CBDT extends the due dates for filing Form No. 10A/10AB, addressing the challenges faced by taxpayers and stakeholders. By providing ample time and clarifications, CBDT demonstrates its commitment to easing compliance burdens and fostering a conducive environment for taxpayers. This extension underscores the importance of responsive policymaking in adapting to evolving realities in the taxation landscape.
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CBDT extends due date for filing Form 10A/10AB upto 30th June, 2024
The Central Board of Direct Taxes (CBDT), has issued Circular No. 07/2024 dated 25.04.2024 further extending the due date for filing Form 10A/ Form 10AB under the Income-tax Act, 1961 (the ‘Act’) upto 30th June, 2024.
CBDT had earlier extended the due date for filing Form 10A/ Form 10AB by trusts, institutions and funds multiple times to mitigate genuine hardships of the taxpayers. The last such extension was made by Circular No. 6/2023 dated 24.05.2023 extending the date to 30.09.2023.
Considering the representations received by CBDT requesting for further extension of due date for filing of such Forms beyond the last extended date of 30.09.2023, and with a view to avoid genuine hardships to taxpayers, CBDT has extended the due date of filing Form 10A/ Form 10AB upto 30th June, 2024, in respect of certain provisions of section 10(23C)/ section 12A/ section 80G/ and section 35 of the Act.
CBDT further clarifies that, if any such existing trust, institution or fund had failed to file Form 10A for AY 2022-23 within the extended due date, and subsequently, applied for provisional registration as a new entity and received Form 10AC, can also now avail this opportunity to surrender the said Form 10AC and apply for registration for AY 2022-23 as an existing trust, institution or fund, in Form 10A till 30th June 2024.
It is also clarified that those trusts, institutions or funds whose applications for re-registration were rejected solely on the grounds of late filing or filing under wrong section code, may also submit fresh application in Form 10AB within the aforesaid extended deadline of 30th June, 2024.
The applications as per Form 10A/ Form 10AB shall be filed electronically through the e-filing portal of Income Tax Department. The Circular No. 07/2024 dated 25.04.2024 is available on www.incometaxindia.gov.in
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Circular No. 7 /2024
F. No. 173/25/2024-ITA-I
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
New Delhi, Dated 25 April, 2024
Sub: Extension of due date for filing of Form No. 10A/10AB under the Income-tax Act, 1961- reg.
On consideration of difficulties reported by the taxpayers and other stakeholders in the electronic filing of Form No. 10A/10AB, the Central Board of Direct Taxes (the Board) in exercise of its powers under section 119 of the Income-tax Act, 1961 (the Act) extended the due date for filing Form No. 10A to 31.08.2021 by Circular No. 12/2021 dated 25.06.2021, to 31.03.2022 by Circular No. 16/2021 dated 29.08.2021, to 25.11.2022 by Circular No. 22/2022 dated 01.11.2022 and further to 30.09.2023 by Circular No. 6/2023 dated 24.05.2023, and extended the due date for filing Form No. 10AB to 30.09.2022 by Circular No. 8/2022 dated 31.03.2022 and further to 30.09.2023 by Circular No. 6/2023 dated 24.05.2023.
2. Representations have been received in the Board with a request to condone the delay in filing Form No. 10A/10AB, as the same could not be filed in such cases within the last extended date, i.e., 30.09.2023.
3. On consideration of the matter, with a view to avoid and mitigate genuine hardship in such cases, the Board, in exercise of the powers conferred under section 119 of the Act, hereby extends the due date of making an application/intimation electronically in —
(i) Form No. 10A, in case of an application under clause (i) of the first proviso to clause (23C) of section 10 or under sub-clause (i) of clause (ac) of sub-section (1) of section 12A or under clause (i) of the first proviso to sub-section (5) of section 80G or in case of an intimation under fifth proviso of subsection (1) of section 35 of the Act, till 30.06.2024;
(ii) Form No. 10AB, in case of an application under clause (iii) of the first proviso to clause (23C) of section 10 or under sub-clause (iii) of clause (ac) of sub-section (1) of section 12A or under clause (iii) of the first proviso to sub-section (5) of section 80G of the Act, till 30.06.2024.
4. It may be also noted that extension of due date as mentioned in paragraph 3(ii) shall also apply in case of all pending applications under clause (iii) of the first proviso to clause (23C) of section 10 or sub-clause (iii) of clause (ac) of sub-section (1) of section 12A or under clause (iii) of the first proviso to sub-section (5) of section 80G of the Act, as the case may be. Hence, in cases where any trust, institution or fund has already made an application in Form No.10AB under the said provisions on or before the issuance of this Circular, and where the Principal Commissioner or Commissioner has not passed an order before the issuance of this Circular, the pending application in Form No. 10AB may be treated as a valid application.
4.1 Further, in cases where any trust, institution or fund has already made an application in Form No. 10AB, and where the Principal Commissioner or Commissioner has passed an order rejecting such application, on or before the issuance of this Circular, solely on account of the fact that the application was furnished after the due date or that the application has been furnished under the wrong section code, it may furnish a fresh application in Form No. 10AB within the extended time provided in paragraph 3(ii) i.e. 30.06.2024.
5. It is also clarified that if any existing trust, institution or fund who had failed to file Form No. 10A for AY 2022-23 within the due date as extended by the CBDT Circular No. 6/2023 dated 24.05.2023 and subsequently, applied for provisional registration as a new trust, institution or fund and has received Form No. 10AC, it can avail the option to surrender the said Form No. 10AC and apply for registration for AY 2022-23 as an existing trust, institution or fund in Form No. 10A within the extended time provided in paragraph 3(i) i.e. 30.06.2024.
6. Hindi version to follow.
(Vikas Singh)
Director (ITA-I)
Copy to:-
1. PS to FM/OSD to FM/PS to MoS (R)/OSD to MoS(R)
2. PS to Revenue Secretary
3. Chairman, CBDT & All Members, CBDT
4. All Principal Chief Commissioners of Income-tax / Principal Director Generals of Income-tax.
5. DGIT(Systems), New Delhi
6. All Joint Secretaries/CsIT, CBDT
7. Web Manager, 0/o DGIT(Systems) with request to upload on the departmental website of gov.in.
8. Commissioner of Income-tax (Media & TP) and official Spokesperson, CBDT, New Delhi.
9. JCIT, Data-Base Cell for uploading on gov.in.
10. Guard File
Director (ITA-I)
