Income Tax Department

Ministry of Finance, Government of India

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Section 12A

Conditions as to registration of trusts, etc.

Section

Section Number

12A

Chapter

CHAPTER III - INCOMES WHICH DO NOT FORM PART OF TOTAL INCOME

Act

Income-tax Act, 1961

Year

1981

Conditions as to registration of trusts, etc.

Conditions as to registration of trusts, etc.

1[Conditions as to registration of trusts, etc.

12A. The provisions of section 11 and section 12 shall not apply in relation to the income of any trust or institution unless the following conditions are fulfilled, namely :—

a(a) the person in receipt of the income has made an application for registration of the trust or institution in the prescribed form and in the prescribed manner to the Commissioner before the 1st day of July, 1973, or before the expiry of a period of one year from the date of the creation of the trust or the establishment of the institution, whichever is later :

Provided that the Commissioner may, in his discretion, admit an application for the registration of any trust or institution after the expiry of the period aforesaid ;

b(b) where the total income of the trust or institution as computed under this Act without giving effect to the provisions of section 11 and section 12 exceeds twenty-five thousand rupees in any previous year, the accounts of the trust or institution for that year have been audited by an accountant as defined in the Explanation below sub-section (2) of section 288 and the person in receipt of the income furnishes along with the return of income for the relevant assessment year the report of such audit in the prescribed form duly signed and verified by such accountant and setting forth such particulars as may be prescribed.]

 

Amendment -1. Inserted by the Finance Act, 1972, w.e.f. 1-4-1973.

Cross references - a See rule 17A and Form No. 10A. b See Form No. 10B and rule 17B.

 

 

[As amended by the Finance Act, 1981]

Footnotes