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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 ..... sity 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/ provisionally approved or registered/provisionally registered. 3. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions 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 ( re- 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 objecti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectives. 4 The trust or institution shall not apply any part of its income from the property held under a trust for private religious purposes, which does not enure for the benefit of the public. 5 The trust or institution established for charitable purpose created or established after the commencement of this Act, shall not apply any part of its income for the benefit of any particular religious community or caste. 6 No non-genuine activity shall be carried out by the trust or institution. 7 No such activity shall be carried on by the trust or institution which is not in accordance with all or any of the conditions subject to which it was registered. 8 The trust or institution shall comply with the requirement of any other law, as referred to in item (B) of sub-clause (i) of clause (b) of sub-section (1) of section 12AB. 9 The form for registration 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. 10 The trust or institution shall apply for registration within 6 months of commencement of the activities or at least 6 months prior to the expiry of period of provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ution is required to furnish application for approval under clause (ii) of first proviso to clause (23C) of section 10, the said fund or institution or trust or any university or other educational institution or any hospital or other medical institution shall furnish such application within the time allowed under that clause. Annexure D IV. for orders passed under clause (iii) of second proviso to clause (23C) of section 10 (provisional approval): Form 10 AC [As per rule 2C ] The approval is granted subject to the following conditions:- 1 Any income of the fund or institution or trust or any university or other educational institution or any hospital or other medical institution, shall not be applied, other than for the objects for which it is established. 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 inst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stitution or fund shall furnish such application within the time allowed under that clause. Annexure F VI. For orders passed under clause (iii) of second proviso to sub-section (5) of section 80G ( provisional approval) : Form 10 AC [As per rule 11AA] The approval is granted subject to the following conditions:- 1 The registration granted under section 12AB or approval granted under clause (23C) of section 10 has not been cancelled by the Principal Commissioner or Commissioner for specified violations as mentioned in sub-section (4) of section 12AB or under fifteenth proviso to clause (23C) of section 10. 2 The form for approval in Form No. 10A has been duly filled in by providing all the information or document and no false or incorrect information or documents have been provided. 3 The institution or fund 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. 4 The registration granted under section 12AB or approval granted under clause (23C) of section 10 has not been cancelled by the Principal Commissioner or Commissioner as authorised by the Board ..... 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