The Legal provision for granting exemption to a public
charitable Trust, a company registered under section 25 of
the Companies Act, or a society registered under the
Societies Registration Act, 1860, or any other institution
is contained in one or more of the following sections of
Income Tax Act:-
(i) Section 2(15);
(ii) Section 2(24) (iia);
(iii) Section 10
(iv) Sections 11,12, 12A, 12AA and 13; and
(v) Sections 35(1)(ii) and 35(i)(iii).
As per Section 12A of Income tax act the provisions of
section 11 and section 12, regarding exemption of income,
will not be applicable to an institution etc., unless an
application for its registration is made to the CIT/DIT(E)
within a period of one year from the date of its creation.
The Commissioner of Income Tax (CIT)/DIT (Exemptions) may
condone the delay for good and sufficient reason.
The application for registration has to be made in Form no. 10A accompanied by the following documents;-
(i) Copy of the instrument by way of which the trust or institution etc. is created; and
(ii) If it existed in years prior to the year in which application is made, accounts of the prior years (not exceeding three years)
On receipt of the application, the Commissioner of Income Tax (CIT)/DIT (Exemptions) has to pass an order either registering the trust etc. or rejecting the application. The registration may be rejected on the ground that the trust or its activities are not genuine. Such an order has to be passed within a period of six months from the end of the month in which the application is made.
The law regarding conditions precedent for registration, so far as merits are concerned, is written briefly and in simple language, namely, that the Commissioner of Income Tax (CIT)/DIT (Exemptions) should satisfy himself about:-
(i) objects of the trust etc; and
(ii) genuineness of its activities.
The object (s) of the trust etc. should constitute religious or
charitable purpose (s) u/s 2(15) and this aspect will be enquired
into. The ?genuineness of activities? can be inferred only if the
trust/institution etc. has started to carry out the purpose (s),
mentioned in the object clauses of instrument of its creation, at
the time when application is made.
Section 12A(b) also requires that if income of a trust etc. in any previous year exceeds specified limit before giving effect to provisions of section 11 and section 12, then its accounts are required to be audited by an accountant and his report in Form no. 10B has to be filed along with the return of income.
What is approval u/s 80G(5)? Is it necessary for a charitable Institution? How to apply for it? What is the use of approval u/s 80G(5) for Charitable Trust, Charitable Society, Non Governmental Organizations (NGO), Section 25 Companies and other exempted institutions?