CBDT Instruction to pass under section 12AA within Six Months

CBDT vide its Instruction No. 16/2015 dated 16-11-2015 give direction that time limit of six months is to be strictly followed by the Commissioner of Income Tax (Exemptions) while passing order under section 12AA. The CCIT (Exemptions) may monitor the adherence of prescribed time limit and initiate suitable administrative action in case any laxity in adhering to the same is noticed.


F.No.197/38/2015-ITA.1

Government of India

Ministry of Finance

Department of Revenue

(Central Board of Direct Taxes)

(ITA-I Division)

Instruction No.16/2015

***

North Block, MA Division Dated, the 6th November, 2015

Sub:- Following the prescribed Time limit in passing order u/s 12AA of the Income-tax Act, 1961.

Sub-section (2) of Section 12AA of the Income-tax Act, 1961 prescribes that every order granting or refusing registration under clause (b) of sub-section (1) of that Section shall be passed before the expiry of six months from the end of the month in which the application was received under clause (a) or clause (aa) of the sub-section (1) thereof. Thus while processing the application u/s 12AA of the Act, the time limit of six months has to be adhered to by the Commissioner of Income Tax (Exemptions). However, it has been brought to the notice of the Board that the said time limit has not been observed in some cases.

2.The undersigned is directed to convey that the aforesaid time limit of six months is to be strictly followed by the Commissioner of Income Tax (Exemptions) while passing order u/s 12AA. The CCIT (Exemptions) may monitor the adherence of prescribed time limit and initiate suitable administrative action in case any laxity in adhering to the same is noticed.

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(Deepshikha Sharma)

Director to the Government of India


Source: http://irsofficersonline.gov.in/