Government of Pakistan

Revenue Division

Central Board of Revenue

. .

*

 

Islamabad, June 13, 2003

 

 

N o t i f i c a t i o n

(Income Tax)

 

S. R. O. 541(I)/2003. - In exercise of the powers conferred by sub-section (1) of section 237 of the Income Tax Ordinance, 2001 (XLIX of 2001), the Central Board of Revenue is pleased to direct that the following further amendments shall be made in the Income Tax Rules, 2002, the same having been previously published as required by sub-section (3) of the said section, namely: -

 

            In the Income Tax Rules, 2002, for Chapter XVII, the following shall be substituted, namely: -

 

 

“CHAPTER XVII

NON-PROFIT ORGANISATIONS

 

 

211.      Procedure for the approval of a non-profit organization. – (1) An institution, fund, trust, society or any other non-profit organization (hereinafter referred to in this Chapter as organisation) established in Pakistan for religious, educational, charitable, welfare or development purposes or for the promotion of an amateur sport requiring approval of the Commissioner under clause (36) of section 2 of the Ordinance, shall make an application to the Commissioner in the following form, namely: -

 

APPLICATION FOR APPROVAL FOR THE PURPOSES OF

CLAUSE (36) OF SECTION 2 OF THE INCOME TAX ORDINANCE, 2001

 

To,       

The Commissioner of Income Tax,

__________Zone,

_________(City).

 

1.         With reference to clause (36) of section 2 of the Income Tax Ordinance, 2001 (XLIX of 2001), I the undersigned, hereby apply, on behalf of __________ (name of the organization) for its approval for the purposes of the said clause for the tax year ending on ________.

 

2.         Necessary particulars are set out below, and in the schedule to this application.

 

3.         The following documents required under sub-rule (2) of rule 211 of the Income Tax Rules, 2002, are enclosed.

 

(i)             ______________________

 

(ii)                 ______________________

 

(iii)                ______________________

 

(iv)                ______________________

 

(v)                  ______________________

Signature______________

Name (in block letters) __________

Designation ___________

 

Application must be signed either by the President or the Secretary of the organization or by a Trustee, of the trust.

 

SCHEDULE

 

PARTICULARS

 

1.                   Name of the organization (in block letters) ___________________________.

 

2.                   Full address of the organization (in block letters) ______________________.

 

3.                   Date of registration of the organization _______________________.

 

4.                   Its aims and objects.

(a)     ____________________________________________________

 

(b) ____________________________________________________

 

(c)     ____________________________________________________

 

(d) ____________________________________________________

5.         Whether the organisation has been registered under the Societies Registration Act, 1860 (XXI of 1860), or the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961 (XLVI of 1961), or any other law in substitution thereof relating to the registration of welfare organisation or established in pursuance of a Trust Deed.  Please give/state the law and the number and date of registration ______________________.

 

6.         Whether constitution, memorandum and articles of association, trust deed, rules and regulations or bye-laws, as the case may be, conform(s) to the provisions of sub-rule (1) of rule 213. If so, please give the number of Article/ Clause/ Rule etc., for each provision.

 

7.         Whether the organization ensures for the benefit of the general public or a particular community or class of persons only (give full details).

 

8.         The number of members /trustees of the organization on the date of application.

 

9.         Accounting year of the organisation commences on ___________and ends on ___________.

 

10.        The following books of accounts are being regularly maintained by the organization and are open for inspection without any hindrance to the general public.

 

i)                     _______________________________

 

ii)                   _______________________________

 

iii)                  _______________________________

 

 

Signature______________

Name (in block letters) __________

Designation____________

 

 

(2)        An application under sub-rule (1) shall be accompanied by -

 

(a)        a duly attested copy of the constitution, memorandum and articles of association, rules and regulations or bye-laws, as the case may be, of the organisation specifying the aims and objects for which it is established;

 

(b)        a certified copy of the registered trust deed, in case of a Trust;

 

(c)        a certified copy of certificate of registration in the case of an organisation registered under the Societies Registration Act, 1860 (XXI of 1860), the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961 (XLVI of 1961), or under any other law in substitution thereof relating to the registration of welfare organisation as applicable;

 

(d)        duly attested copies of the balance sheet and of revenue accounts of the organisation as audited by a “qualified accountant” for the year immediately preceding the year in which the application is made;

 

(e)        the names and addresses of the promoters, directors, trustees, president, secretary, treasurer, manager and other office bearers, as the case may be, of the organisation, and indicating clearly their family relationships, if any, with each other;

 

(f)         for the purposes of clause (d), “qualified accountant” means, -

 

(i)         a retired audit, accounts, treasury or taxation officer of the Government not below BPS-17 or a bank manager, where the annual receipts of the organisation do not exceed Rs. 0.5 million;

 

(ii)         a Cost and Management Accountant for those where the annual receipts of the organisation exceed Rs.0.5 million but do not exceed Rs. 3.0 million; and

 

(iii)        in other cases, a Chartered Accountant.

 

Provided that an organization may also choose to engage auditors prescribed for organization with higher receipts; and

 

(g)        a detailed report with regard to the performance of the organisation for achieving its aims and objects during the three financial years preceding the date on which application is made, duly evaluated and certified by an independent certification agency approved by an authority designated by the Government of Pakistan for this purpose or, till that authority is established, under arrangements made by the Central Board of Revenue.

 

212.      Decision on application. - (1) On receipt of an application under rule 211, the Commissioner may make such inquiries or call for such further information as the Commissioner may deem necessary and after completion of formalities may approve the organization for the purpose of clause (36) of section 2 of the Ordinance.

 

(2)           An approval granted under sub-rule (1) shall be –

 

(a)                 notified in the official Gazette;

 

(b)                 subject to such conditions as the Commissioner may specify in the approval; and

 

(c)                 valid until the 30th day of June of the tax year next following the tax year in which the approval is granted.

 

213.      Refusal to grant approval. - (1) The approval shall not be granted if the constitution, memorandum and articles of association, trust deed, rules and regulations or bye-laws, as the case may be, specifying the aims and objects of the organization do(es) not provide -

 

(a)        for the audit of the annual accounts of the organisation every year by a qualified accountant as specified in clause (f) of sub-rule (2) of rule 211;

 

(b)        where the organisation is registered under the Societies Registration Act, 1860 (XXI of 1860), the Voluntary Social Welfare (Registration Control) Ordinance, 1961 (XLVI of 1961), or any other law in substitution thereof relating to the registration of welfare organisation, for the quorum of a meeting of the members of the body in which the control of the affairs of the organisation vests, being not less than four or one-third of the total number of the members of such body, whichever is greater;

 

(c)        where the organisation is a Trust as defined in the Trust Act, 1882 (II of 1882), for the quorum of a meeting of the members of the body in which the control of the affairs of the trust vests, being not less than three or one-third of the total number of the members of such a body, whichever is greater;

 

(d)        for the transfer of its assets, in the event of its dissolution, after meeting all liabilities, if any, to another organisation which is an approved non-profit organisation, within three months of the dissolution under intimation to the Commissioner;

 

(e)        for the utilisation of its money, property or income or any part thereof solely for promoting its objects;

 

(f)         for prohibiting any portion of its money, property or income being paid or transferred directly by way of dividend, bonus or profit to any of its members or the relative or relatives of a member or members;

 

(g)        for the maintenance of accounts of the organisation being kept in a scheduled bank or in a post office or national savings organisation, National Bank of Pakistan or nationalised commercial banks;

 

(h)        for prohibiting the making of any changes in the constitution, memorandum and articles of association, trust deed, rules and regulations or bye-laws, as the case may be, without the prior approval of the Commissioner:

 

Provided this clause will have effect only in cases where the approval is granted; and

 

(i)                   for restricting the moneys validly set apart or not utilised upto twenty-five per cent of the income including surplus worked out of the amount from donations made to it. In case, accounting period closes within three months of the commencement of activities, the Commissioner can relax this condition upto fifty per cent of the amount:

 

Provided that a certificate to the effect that the amounts so in excess of the said limit have been invested in Government securities or in the scheduled banks including NIT Units or any mutual funds registered with State Bank of Pakistan or Securities Exchange Commission of Pakistan is produced:

 

Provided further that such deposit or investment in or through the scheduled banks shall not exceed one-third of the surplus at the end of the year.

 

            (2)        The Commissioner may refuse to approve the organisation if the Commissioner is satisfied that the organisation -

 

(a)        has been or is being used for personal gain of any particular person or a group of persons;

 

(b)        has been propagating the view of a particular political party or a religious sect;

 

(c)        has been or is being managed in a manner calculated to personally benefit its members or their families; or

 

(d)        has not been or will not be able to achieve its declared aims and objects in view of its set up, administration or otherwise as evaluated and certified by an independent certification agency.

 

            (3)        The Commissioner shall notify the applicant, in writing, the decision to refuse the approval.

 

            (4)        The notice referred to in sub-rule (3) shall include a statement of reasons for the refusal.

 

214.      Renewal of approval. - (1) An organisation that has been approved as a non-profit organisation may apply for renewal of approval to the Commissioner concerned through an application in the following form, namely: -

 

APPLICATION FOR RENEWAL OF APPROVAL FOR THE PURPOSES OF

CLAUSE (36) OF SECTION 2 OF THE INCOME TAX ORDINANCE, 2001.

 

To,       

The Commissioner of Income Tax,

            _________ Zone,

            ________(City).

 

            I, the undersigned, hereby apply for the renewal of approval of ___________ (name of the Organization) for the tax year ending on ___________.

 

2.         The ____________________ (name of the Organization) was approved as a Non-Profit Organization by the Commissioner vide Notification No ________________ dated _____________.

 

3.         It is hereby certified that:-

 

(a)                 constitution, memorandum and articles of association, trust deed, rules and regulations or bye-laws, as the case may be, previously filed with the Commissioner, have remained unchanged;

 

(b)                 the disqualification mentioned in sub-rule (1) of rule 213 do not apply to the organization;

 

(c)                 the organization has fully complied with the provisions of Rule 213; and

 

(d)                 the information given above and in the attached Schedule is correct.

 

Signature______________

Name (in block letters) __________

Designation____________

 

 

SCHEDULE

 

Particulars

 

1.       Name of the organization (in block letters) _____________________________

 

2.       Full address of the organization (in block letters) _________________________

 

3.       Date of registration of the organization  _________________________

 

4.       Its aims and objects

(a)     ____________________________________________________

 

(b)     ____________________________________________________

 

(c)     ____________________________________________________

 

(d)     ____________________________________________________

 

5.       Date of approval granted under clause (36) of section 2 the Income Tax Ordinance, 2001.

 

6.       Whether the constitution, memorandum and articles of association, trust deed, rules and regulations or bye-laws, as the case may be, conform(s) to the provisions of sub-rule (1) of rule 213. If so, please give the number.

 

7.       Whether the organization ensures for the benefit of the general public or a particular community or class of persons only (give full details).

 

8.       The number of members/ trustees of the organization on the date of application.

 

9.       Accounting year of the organization commences on __________ and ends on ___________.

 

10.   The following books of accounts are being regularly maintained by the institution and are open for inspection without any hindrance to the general public.

 

(i)                   ________________________

 

(ii)                 ________________________

 

(iii)                ________________________

 

Signature _____________

Name (in block letters) _________

Designation _____________

 

Application must be singed either by the President or the Secretary of the organisation or by a Trustee of the Trust.

 

(2)        An application for renewal of approval under sub-rule (1) shall be furnished within six months after the expiry of the validity of the approval last granted and such application shall be accompanied by such documents and instruments as are specified in sub-rule (2) of rule 211.

 

(3)        The Commissioner may renew the approval where the Commissioner is satisfied that the organisation –

 

(a)        complied with the provisions of clause (h) of sub-rule (1) of rule 213;

 

(b)        did not suffer any one or more of the disqualification(s) specified in sub-rule (2) of rule 213;

 

(c)        complied with the provisions of rule 216; and

 

(e)                 otherwise satisfied the requirements for renewal of approval in the preceding three years.

 

(4)        The Commissioner shall refuse an application for renewal of an approval for any year if the organisation did not enjoy approval for the tax year immediately preceding the year in which the renewal application is made under this rule.

 

(5)        The first renewal of approval shall be valid up to the 30th day of June of the second tax year following the tax year in which renewal of the approval is granted, provided that subsequent renewals will be for a period extending upto three years depending on an independent certification agency’s report and audit results.

 

(6)        The renewal of approval of an organisation shall be –

 

(a)        notified in the official Gazette; and

 

(b)        subject to such conditions as the Commissioner may specify in the renewal of approval.

 

            (7)        The Commissioner shall notify the applicant, in writing, the decision to refuse an application to renew the approval.

 

            (8)        The notification referred to in sub-rule (7) shall include a statement of reasons for the refusal.

 

215.      Finalisation of applications. - The Commissioner shall finalise applications under rules 211 and 214 within two months of their receipt.

 

216.      Annual accounts. - An organisation that has been approved under rule 212 or whose approval has been renewed under rule 214 shall, by the 31st day of July each year, submit to the Commissioner and to the concerned certification agency, in respect of the preceding tax year: -

 

(a)        a copy of the statement of audited accounts, as mentioned in clause (d) of sub-rule (2) of rule 211;

 

(b)        a statement of income and donations received and moneys paid;

 

(c)        a list of donees and beneficiaries with full addresses; and

 

(d)        a statement showing the money set apart or kept un-utilised with reasons thereof.

 

217.      Power to withdraw approval. - (1) The Commissioner may, at any time, withdraw an approval granted earlier, if the organisation fails to comply with the provisions of rule 216 or 219 and is satisfied that -

 

(a)        the said organisation has failed to fully utilise its income and the donations received by it for achieving the purpose for which it was established; and

 

(b)        the reason for setting apart, or for not utilising, the money referred to in clause (d) of rule 216 is not valid.

 

The Commissioner shall also supply a copy of the order withdrawing the approval to the concerned certification agency.

 

            (2)        No approval shall be withdrawn under sub-rule (1) unless the organisation has had an opportunity to show cause against the action proposed to be taken.

 

            (3)        Where the Commissioner decides to withdraw an approval under sub-rule (1), the Commissioner shall intimate the organisation and certification agency, in writing, of the decision including a statement of reasons for the decision.

 

218.      Appeal against a decision of Commissioner. - An organisation dissatisfied with –

 

(a)        a decision to refuse an application made under rule 211 or 214; or

 

(b)        a decision to withdraw an approval under rule 217,

 

may lodge an appeal in the following form with the Regional Commissioner of Income Tax concerned, namely: -

 

 

GROUNDS OF APPEAL

(i)                   _________________________________________________

 

(ii)                 _________________________________________________

 

(iii)                _________________________________________________

 

(iv)                _________________________________________________

 

(v)                  _________________________________________________

 

 

            We/I_________ the appellant(s) named in the above appeal do declare that what is stated therein is true to the best of our/my information and belief.

 

Dated………20____                                          

            Signature______________

                                                                                    Name ________________                                                                                               Address _______________

 

 

PARTICULARS

 

1.                   Name of the organization (in block letters). __________________________.

 

2.                   Full address of the organization (in block letters) _____________________.

 

3.                   Date of establishment of the organization.

 

4.                   Its aims and objects

(a)     ____________________________________________________

 

(b) ___________________________________________________

 

(b)     ____________________________________________________

 

(d) ____________________________________________________

 

5.         Whether the organisation has been registered under the Societies Registration Act, 1860 (XXI of 1860), or the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961 (XLVI of 1961), or any other law in substitution thereof relating to the registration of welfare organisation or established in pursuance of a Trust Deed.  Please give/state the law and the number and date of registration ______________________.

 

6.         Whether constitution, memorandum and articles of association, trust deed, rules and regulations or bye-laws, as the case may be, conform(s) to the provisions of sub-rule (1) of rule 213. If so, please give the number of Article/ Clause/ Rule etc., for each provision.

 

7.         Whether the organization ensures for the benefit of the general public or a particular community or class of persons only (give full details).

 

8.         The number of members/ trustees of the organization on the date of application.

 

 

Signature _____________

Name (in block letters) _________

                                                            Designation_____________

 

219.      Organisation granted approval before commencement of these rules. - The approval granted prior to the commencement of these rules to an organisation shall be deemed to have been withdrawn unless an application in the manner laid down in rule 214 is made on behalf of such organisation for calendar year 2002 by the 30th day of June, 2003.

 

220.      Relaxation of requirements or conditions. - The Commissioner may relax or modify any of the requirements or conditions of this chapter, in any individual case, if he is satisfied that the requirements or conditions could not be fulfilled by the applicant for reasonable cause.

 

220A. Procedure for approval of a non–profit organization for purpose of sub-clause (3) of clause (58) of Part I of the Second Schedule. -   (1) An organization established in Pakistan requiring the approval of the Central Board Revenue under sub-clause (3) of clause (58) of Part I of the Second Schedule to the Ordinance, shall;

 

(a)        make an application to the Board in Form I annexed to this rule;

 

(b)        the application shall be accompanied by —

(i)                   a duly attested copy of the constitution, memorandum and articles of association, rules and regulations or bye-laws, as the case may be, of the organisation specifying the aims and objects for which organisation is established;

 (ii)        a certified copy of the registered trust deed, in case of a Trust;

 

(iii)        a certified copy of the certificate of registration in the case of an organization registered under the Societies Registration Act, 1860  (XXI of 1860), or the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961 (XLVI of 1961), or under any other law in substitution thereof relating to the registration of welfare organizations as applicable;

 

(iv)        duly attested copies of balance sheets and of revenue accounts of organization as audited by a “qualified accountant” for the three years immediately preceding the tax year in which the application is made;

 

(v)         the names and addresses of the promoters, directors, trustees, president, secretary, treasurer, manager and other office bearers, as the case may be, of the organization and indicating clearly their family relationships, if any, with each other; and

 

(vi)        a detailed report with regard to the performance of the organisation, for achieving its aims and objects during the three financial years immediately preceding the date of the application duly evaluated and certified by an independent certification agency approved by an authority designated by the Government of Pakistan for this purpose or till that authority is established, under arrangements made by the Central Board of Revenue.

 

            (2)        (a) On receipt of an application for registration under this rule, the Central Board of Revenue, subject to the requirements and conditions specified in sub-rule (3) and after such inquiry as it may deem necessary, grant approval to the organization if ---

(i)         the organization has been formed for the purpose of establishing hospitals or providing education or for community welfare or development;

(ii)         it has operated and functioned anywhere in Pakistan, for a period of not less than three years and has complied with minimum acceptable standards of internal governance, accountability, transparency and efficiency prescribed by any law for the time being in force;

 

(iii)        its area of operation is wholly within Pakistan; and

 

(iv)        its books of accounts are maintained regularly and in accordance with the generally accepted accounting principles and satisfactory arrangements exist for their inspection by interested members of the public­.

 

(b)        The approval shall be notified in the official Gazette.

 

           (c)         The approval shall be valid for the tax year in which the approval is granted and for two tax years next following.

 

(d)        For the purposes of this rule, “qualified accountant” has the same meaning as assigned to it in clause (f) of sub-rule (2) of rule 211.

            (3)        Approval shall not be granted to an organization if the Central Board of Revenue is satisfied that ---

 (a)       any of the requirements or conditions specified in sub-rules (1) and (2) has not been fulfilled; or

(b)        the organization has been or is being used or is likely to be used for personal gains of any particular person or a group of persons; or

(c)        the organization has been or is likely to be used for propagating the views of a particular political party or a religious sect; or

 

(d)        the organization has not been or will not be able to achieve its declared aims and objects in view of its set up, administration or otherwise as evaluated and certified by an independent certification agency; or

 

(e)        the constitution, memorandum and articles of association, trust deed, rules and regulations or bye-laws, as the case may be, specifying the aims and objects of the organization do(es) not provide-

 

(i)         for audit of the annual accounts of the organization, every year by a “qualified accountant”;

 

(ii)         for the transfer of its assets, in the event of its dissolution, after meeting all liabilities, if any, to an organization approved under this rule or rule 212 within three months of the dissolution under intimation to the Central Board of Revenue.

 

 (iii)       for the regular maintenance of books of accounts in accordance with the generally accepted accounting principles and for their inspection by the interested members of the public, without any hindrance, at all reasonable times;

 

(iv)        for the utilization of its money, property or income or any part thereof solely for promoting the objects specified in sub-clause (i) of clause (a) of sub-rule (2);

 

(v)         for the maintenance of accounts of the organisation being kept in a scheduled bank or in a post office or national savings organisation, National Bank of Pakistan or nationalised commercial banks;

 

(vi)        for prohibiting the making of any changes in the constitution, memorandum and articles of association, trust deed, rules and regulations or bye-laws, as the case may be, without the prior approval of the Central Board of Revenue; and

 

(vii)       for restricting the moneys validly set apart or not utilized upto twenty five per cent of the income unless otherwise authorized by the Central Board of Revenue and for the investment of all funds in excess of the said limit, in Government securities or in the scheduled banks including NIT Units or any mutual funds registered with State Bank of Pakistan or Securities Exchange Commission of Pakistan is produced:

 

            Provided further that such deposit or investment in or through the scheduled banks shall not exceed one-third of the surplus at the end of the year.

 

(4)        (a)        The approval granted under sub-rule (2) may be renewed upon an application made by the organization in Form II annexed to this rule, within three months of the expiry of the validity of the approval last granted where such application is accompanied by such documents and instruments as are specified in clause (b) of  sub-rule (1) and the Central Board of Revenue is satisfied, after such inquiry as it may consider necessary, that a genuine organization existed in the preceding year that complied with at all times, all the provisions of this rule and did not suffer any one or more of the requirements, conditions or disqualification specified in this rule.

 

            (b)        The organization seeking renewal of approval shall furnish, along with the renewal application, the following documents and particulars pertaining to each of three tax years immediately preceding the tax year in which the said application is made, namely: -

(i)                   a copy  of the returns of income filed and the assessment orders, if any;

(ii)                 a copy of the audited accounts and balance sheet and the auditor’s report;

(iii)                a statement of income and donations received and moneys paid;

(iv)                a statement showing the money set apart or kept unutilized with reasons thereof;

(v)                  the names and addresses of the promoters, directors, trustees, president, secretary, treasurer, manager and other office-bearers, as the case may be, of the organization and indicating clearly their family relationships, if any, with each other;

(vi)                a copy of the annual report in respect of the activities and performance of the organization;

 

(5)        Renewal shall not be granted if the organization did not enjoy approval in respect of the tax year immediately preceding the year for which renewal application is made under this rule.

 

            (6)        Renewal granted under this rule shall be valid for the tax year in which the application of renewal is filed and two tax years next following.

 

            (7)        The Central Board of Revenue may, at any time withdraw the approval earlier granted, if the organization fails to comply with any of the provisions of this rule.

 

            (8)        The approval granted under sub-rule (2) and the renewal of approval granted under sub-rule (4) shall not be refused or approval once granted or renewed shall not be withdrawn under sub-rule (7) unless the institution has an opportunity to show cause against the action proposed to be taken.

 

            (9)        The Board may relax or modify any of the requirement(s) or condition(s) of this rule in any individual case, if it is satisfied that the requirement(s) or condition(s) could not be fulfilled by the applicant for reasonable cause.

 

(10)       The approval granted prior to the commencement of these rules to an organisation shall be deemed to have been withdrawn unless an application in the manner laid down in sub-rule (4) is made on behalf of such organisation for calendar year 2002 by the 30th June, 2003.

 

 

Form-1

[See rule 220A(1)(a)]

 

 

Application for Approval under clause (58) of Second Schedule to

the Income Tax Ordinance, 2001

 

To,

 

            The Secretary,

            Central Board of Revenue,

            Islamabad.

 

            With reference to clause (58) of the Second Schedule to the Income Tax Ordinance, 2001 (XLIX of 2001), I, the undersigned, hereby apply, on behalf of _______________  (name of the organisation) for its approval for the purposes of the said clause for the tax year ending on  _______.

 

2.         Necessary particulars are set out below, and in the schedule to this application.

 

3.         The following documents required under clause (b) of sub-rule 1 of Rule 220A are enclosed.

 

 

(i)                   ___________________________________

(ii)                 ___________________________________

(iii)                ___________________________________

(iv)                ___________________________________

(v)                  ___________________________________

 

 

 

Signature______________

Name (in block letters) __________

Designation ___________

 

 

Application must be singed either by the President or the Secretary of the organisation or by a Trustee of the Trust.

 

SCHEDULE

 

Particulars

 

1.                   Name of the Organization (in block letters) _________________________.

 

2.                   Full address of the organization (in block letters) _____________________.

 

3.                   Date of registration of the organization ______________________.

 

4.                   Its aims and objects

(a)     ____________________________________________________

 

(b)     ____________________________________________________

 

(c)     ____________________________________________________

 

 

5.                   Where the organization has been registered under the Societies Registration Act, 1860 (XXI of 1860), or the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961 (XLVI of 1961), or any other law or established in pursuance of a Trust Deed. Please give/ state the law, the number and date of Registration ____________.

 

6.                   Whether the constitution, memorandum and articles of association, trust deed, rules and regulations or bye-laws, conforms to the provisions of sub-rules (2) and (3) of rule 220A. If so, please give the number of article/ clause/ rule for each provision.

 

7.                   Whether the organization ensures for the benefit of the general public or a particular community or class of persons only (give full details).

 

8.                   The number of members/ trustees of the organization on the date of application.

 

9.                   Accounting year of the organization commences on _____ and ends on _______________.

 

10.               The following books of accounts are being regularly maintained by the institution and are open for inspection without any hindrance to the general public.

 

(i)                   _____________________________

 

(ii)                 _____________________________

 

(iii)                _____________________________

 

 

Signature______________

Name (in block letters) __________

Designation ___________

 

Form-II

[See rule 220A(4)(a)]

 

Application for renewal of approval under clause 58 of the Second Schedule to the Income Tax Ordinance, 2001.

To,

            The Secretary,

            Central Board of Revenue,

            Islamabad.

 

            I, the undersigned, hereby apply for the renewal of approval of __________ (Name of organisation) for the tax year ending on ____________ .

 

2.         The ____________________ (name of the Organisation) was approved by the Board vide Notification No. _________ dated _________.

 

3.         It is hereby certified that

 

(a)     constitution, memorandum and articles of association, trust deed, rules and regulations or bye-laws, previously filed with the Central Board of Revenue, have remained unchanged;

 

(b)     the disqualification mentioned in the sub-rule (3) of rule 220A do not  apply in the case of the organisation;

 

(c)     the organisation has fully complied with the provisions of sub-rule (4) of rule 220A; and

 

(d)     the information given above and in the attached Schedule is correct.

 

4.         The annual report of the organisation’s performance or activities in the immediately preceding years is enclosed.

 

Signature _____________

Name (in block letters) _________

Designation ___________

 

 

Note. –  In the Schedule attached to the application the following information is to be submitted, namely: -

 

(a)     a copy of the statement of the audited accounts, the balance sheet and the auditors reports;

 

(b)     a statement of income and donations received and moneys paid;

 

(c)     a list of the donees and beneficiaries, with full addresses;

 

(d)     a statement showing the money set apart or kept unutilised with reasons thereof; and

 

(e)     the names and addresses of the promoters, directors, trustees, president, secretary, treasurer, manager and other, as the case may be, of the organisation and indicating clearly their family relationships, if any, with each other.

 

SCHEDULE

 

Particulars

 

1.       Name of the organization (in block letters) _____________________________.

 

2.       Full address of the organization (in block letters) _________________________.

 

3.       Date of registration of the organization  _________________________.

 

4.       Its aims and objects

(a)     ____________________________________________________

 

(b)     ___________________________________________________

 

(c)     ____________________________________________________

 

5.       Date of approval granted under clause (58) of Second Schedule to the Income Tax Ordinance, 2001.

 

6.       Whether the constitution, memorandum and articles of association trust deed, rules and regulations or bye-laws conforms to the provisions of sub-rule (4) of rule 220A. If so, please attach documents and instruments as are specified in clause (b) of sub-rule (1) of rule 220A.

 

7.       Whether the organization ensures for the benefit of the general public or a particular community or class of persons only (give full details).

 

8.       The number of members/ trustees of the on the date of application.

 

9.       Accounting year of the organization commences on __________ and ends on ___________.

 

10.   The following books of accounts are being regularly maintained by the institution and are open for inspection without any hindrance to the general public.

 

 

(i)             ________________________

 

(ii)                 ________________________

 

(iii)                ________________________

 

 

Signature _____________

Name (in block letters) __________

Designation ___________

 

Application must be singed either by the President or the Secretary of the institution or by a Trustee of the Institution/ Trust.”.

[C. No. 4(2)IT-Jud/02-Pt]

 

 

Vakil Ahmad Khan

Member (Direct Taxes)/

Additional Secretary