CBDT Notifies New Procedure and Forms For Trusts w.e.f 1.04.2021.

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 the first proviso to clause (23C) of section 10, ninth proviso to clause (23C) of section 10, sub-clause (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:-

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CBDT Notified Rule 8AB

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 the first proviso to clause (23C) of Section 10. (1)An application under clause (i) or clause (ii) or clause (iii) or clause (iv) of the 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 an application under clause (i) or clause (iv) of the first proviso to clause (23C) of section 10 to the Principal Commissioner or Commissioner authorized by the Board; or

(ii) Form No. 10AB in case of an application under clause (ii) or clause (iii) of the 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 the 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 the 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;

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