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TMI BlogClarification regarding Form No 10AC issued till the date of this CircularX X X X Extracts X X X X X X X X Extracts X X X X ..... to fund or institution trust or institution or any university or other educational institution or any hospital or other medical institution referred under sub-clauses (iv), (v), (vi), (via) of this clause and which have been approved or provisionally approved under the second proviso to the said clause. These amendments are effective from 1st April, 2022. In addition to the specified violations referred above, the power of cancellation has also been granted under sub-rule (5) of rule 17A and sub-rule (5) of rule 2C of the Income-tax Rules, 1962 ( the Rules) to the Principal Commissioner or Commissioner authorised by the Board. This Circular only relates to cancellation of registration/approval or provisional registration/approval in the case of specified violation . 2. The definition of specified violation for the purposes of fifteenth proviso to clause (23C) of section 10 and section 12AB of the Act has been provided in the respective clause and section. The said definition, inter-alia, includes instances where any activity of the fund or trust or institution is not being carried out in accordance with all or any of the conditions subject to which it was approved/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Order for provisional approval instead of Order for registration or Order for approval , then all such Form No. 10AC shall be considered as an Order for registration or approval and, in such cases where Form No. 10AC has been issued, - (a) under section code 01 (applications seeking re-registration),- (i) in the heading and in rows 6, 7, 9 and 10 the words , provisional registration shall be read as registration ; (ii) in row 8 the word provisionally registered shall be read as registered ; (b) under section codes 03, 04, 05, 06 or 11 (applications seeking re-approval),- (i) in the heading and in rows 6, 7, 9 and 10 the words , provisional approval shall be read as approval ; (ii) in row 8 the word provisionally approved shall be read as approved ; (iii) row no 5 of Form No. 10AC ( issued for all section codes) shall be read as Unique Registration Number instead of Provisional Approval/ Approval Number or Provisional Registration/ Registration Number , as the case maybe. (Neha Sahay) Under Secretary TPL Division Annexure A I. For orders passed under clause (a) of sub-section (1) of section 12AB ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o not conform to the conditions of registration, the trust or institution shall make an application in the prescribed form and manner to the Principal Commissioner or Commissioner, for registration of the trust or institution, within a period of thirty days from the date of the said adoption or modification. Annexure B II. For orders passed under clause (c) of sub-section (1) of section 12AB ( provisional registration) Form 10 AC [As per rule 17A] The registration is granted subject to the following conditions:- 1 Any income derived from property held under trust, wholly or in part for charitable or religious purposes, shall not be applied, other than for the objects of the trust or institution. 2 The trust or institution shall not have income from profits and gains of business which is not incidental to the attainment of its objectives. 3 Separate books of account shall be maintained by such trust or institution in respect of the business which is incidental to the attainment of its objectives. 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 The fund or institution or trust or any university or other educational institution or any hospital or other medical institution shall not have income from profits and gains of business which is not incidental to the attainment of its objectives. 3 Separate books of account shall be maintained by such fund or institution or trust or any university or other educational institution or any hospital or other medical institution in respect of the business which is incidental to the attainment of its objectives. 4 No non-genuine activity shall be carried out by the fund or institution or trust or any university or other educational institution or any hospital or other medical institution. 5 No such activity shall be carried on by the fund or institution or trust or any university or other educational institution or any hospital or other medical institution which is not in accordance with all or any of the conditions subject to which it was notified or approved. 6 The fund or institution or trust or any univers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al institution which is not in accordance with all or any of the conditions subject to which it was notified or approved. 6 The fund or institution or trust or any university or other educational institution or any hospital or other medical institution shall comply with the requirement of any other law for the time being in force. 7 The form for approval in Form No 10A has been duly filled in by providing all the information or documents and no false or incorrect information or documents have been provided. 8 The fund or trust or institution or university or other educational institution or hospital or other medical institution shall apply for approval within 6 months of commencement of the activities or at least 6 months prior to the expiry of period of provisional approval, whichever is earlier. Annexure E V. For orders passed under clause (i) of second proviso to sub-section (5) of section 80G ( re-approval) Form 10 AC [As per rule 11AA] The approval is granted subject to the following conditions:- 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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