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CBDT amends IT rules for Section 80G Provisional Approval

Last updated: 01 June 2023


The Income-tax (7th Amendment) Rules, 2023 were notified by the Central Board of Direct Taxes (CBDT) on May 30, 2023. The rules make amendments to the Income-tax Rules, 1962.

Provisional approval under section 80G of the Income-tax Act, 1961: The rules provide that in case of an application made for the grant of provisional approval under section 80G of the Income-tax Act, 1961, the provisional approval shall be effective from the Assessment Year (“A.Y.”) relevant to the previous year in which such application is made.

CBDT amends IT rules for Section 80G Provisional Approval

Official copy of the notification has been mentioned below

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, 30th May 2023
INCOME-TAX

G.S.R. 399(E).—In exercise of the powers conferred by clauses (i), (ii), (iii) and (iv) of the first proviso to sub-section (5) of section 80G and the third proviso to sub-section (5) of section 80G read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-

1. Short title and commencement. ̶̶

(1) These rules may be called the Income-tax (7th Amendment) Rules, 2023.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Income-tax Rules, 1962, in rule 11AA, for sub-rule (7), the following sub-rule shall be substituted, namely:-

"(7) In case of an application made under clause (iv) of the first proviso to sub-section (5) of section 80G of the Act, the provisional approval shall be effective from the assessment year relevant to the previous year in which such application is made".

[Notification No. 34/2023/ F. No. 370142/13/2023-TPL]
VIPUL AGARWAL, Director (Tax Policy and Legislation)

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (ii) vide number S.O. 969 (E) dated 26th March, 1962 and were last amended vide notification number G.S.R. 396 (E) dated 29th May, 2023.

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