📄 Form 10AB Condonation Request under Section 12A: What You Need to Know
Charitable and religious institutions that fail to file Form 10AB within the prescribed deadline for registration or re-registration under Section 12A can now seek condonation of delay under certain circumstances.
The Income Tax Department, acknowledging procedural delays, allows condonation requests through a formal process as per the powers granted under Section 119(2)(b) of the Income-tax Act, 1961.
🧾 What is Form 10AB?
Form 10AB is used for:
- Re-registration of trusts/institutions already registered under Section 12A or 12AA
- Application for approval under Section 10(23C), 80G, or 35
- It is filed when the initial approval (granted through Form 10A) is nearing its 5-year validity
⏰ Deadline & Consequence of Delay
- The form must be submitted at least 6 months before the expiry of the existing registration or within 6 months from commencement of activities.
- Failure to file in time may lead to:
- Lapse of tax-exempt status
- Income being taxed as normal income
- Ineligibility to receive donations under 80G
🛠️ Condonation of Delay – How It Works
If the deadline is missed, the institution may file a condonation request under:
- Section 119(2)(b) – empowers CBDT to condone delay in genuine cases
- The request must justify reasonable cause for delay (technical error, illness, transition to new laws, etc.)
- Filed manually or via correspondence with the jurisdictional Commissioner of Income Tax (Exemptions)
📋 Documents to Include with Condonation Request
- Copy of trust deed or registration certificate
- PAN of the trust/institution
- Copy of previously filed Form 10A
- Draft of condonation application
- Supporting evidence for cause of delay (e.g., technical error screenshots, medical certificate)
💡 ThinkBizFilings Can Help
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- Drafting precise condonation requests
- Liaising with Income Tax authorities
- Ensuring compliance with Section 12A, 80G, and 10(23C) regulations
- Filing any backlogged returns or updates
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