Harun Raaj & AssociatesHarun Raaj & Associates
NGO, Trust & Not-for-Profit

Form 10B / 10BB Audit Report for Trusts

Form 10B / 10BB

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Regulatory Framework

Form 10B applies where the trust's total income exceeds ₹5 crore before exemption under Section 11, or where the trust has received any foreign contribution during the year, or has applied any part of its income outside India, per Section 12A(b) and Rule 17B of the Income-tax Rules, 1962. Form 10BB applies to all other trusts and institutions registered under Section 12AB or approved under Section 10(23C). Both audit reports are due on or before 30 September of the assessment year (one month before the return-filing due date, per Section 44AB timelines applicable to trusts required to be audited).

Registration framework: the Finance Act 2020 replaced Section 12AA with Section 12AB, effective 1 April 2021. Provisional registration (Form 10A) is valid for 3 years; regular registration (Form 10AB) is valid for 5 years and must be renewed at least 6 months before expiry. CBDT Circular No. 6/2023 extended re-registration deadlines for trusts that missed the original window.

Consequence of non-compliance: failure to file the applicable audit report (Form 10B/10BB) by the due date can result in denial of exemption under Section 11, in addition to interest and penalty exposure under the general provisions of the Act.

Overview

Form 10B and 10BB are the audit reports that accompany the tax returns of charitable and religious trusts under the Income Tax Act 1961. Under Section 12A(1)(b) of the Act, the accounts of a trust claiming the Section 11-12 exemption must be audited by a chartered accountant, and the audit report is filed in the prescribed form — Form 10B for a trust whose total income (before exemption) exceeds the prescribed threshold, and Form 10BB for trusts below it (VERIFY: the applicability thresholds and forms under Section 12A(1)(b) and the rules as amended). The audit is filed along with the trust's return of income.

The audit report is the trust's ticket to the exemption. Without the audited accounts and the report, the trust cannot claim the exemption of Sections 11 and 12 — the income becomes taxable, and the trust that has operated for years on the exemption discovers the foundation is a document it never filed. The audit examines the trust's accounts, the application of income, the corpus and the compliance with the conditions of the exemption.

The failure mode is the deadline and the content. The audit report must be filed with the return within the prescribed timeline, and the report must actually support the exemption — a report that does not address the application-of-income position invites the department's scrutiny. The trust that files a 10B late, or files it without the audit behind it, loses the exemption at the assessment.

This service is for trusts, societies and Section 8 companies claiming the Section 11-12 exemption. We audit the accounts under Section 12A(1)(b), prepare and file Form 10B or 10BB as applicable, verify the application-of-income and corpus positions, and coordinate the filing with the trust's return of income — so the exemption the trust relies on is documented and timely.

How It Works

  1. 1

    Form Applicability Check

    We confirm whether Form 10B or 10BB applies from the trust's income position.

    Harun Raaj & Associates does this1-2 days
  2. 2

    Accounts & Records Audit

    We audit the trust's accounts, income application and corpus under Section 12A(1)(b).

    Harun Raaj & Associates does this1-2 weeks
  3. 3

    Report Preparation

    We prepare the audit report in Form 10B or 10BB with the required particulars.

    Harun Raaj & Associates does this1 week
  4. 4

    Filing with Return

    We file the audit report and coordinate it with the trust's return of income.

    Harun Raaj & Associates does this1 week
  5. 5

    Assessment Support

    We support the trust through any department scrutiny of the exemption.

    Harun Raaj & Associates does thisOngoing

Frequently Asked Questions

What is the difference between Form 10B and Form 10BB, and which form applies to our trust?
Form 10B is applicable to charitable or religious trusts and institutions registered under Section 12AB of the Income Tax Act 1961 whose total income before claiming exemption under Section 11 exceeds Rs 5 crore, or which receive foreign contribution, or which apply income outside India. Form 10BB applies to educational institutions and hospitals claiming exemption under Section 10(23C)(iv), (v), (vi), or (via) with income exceeding the prescribed threshold. The distinction was clarified by CBDT Notification No. 7/2023 dated February 21, 2023, which revised the forms and the filing thresholds. Both forms must be signed by a Chartered Accountant holding a Certificate of Practice, and the audit report must be furnished electronically on the Income Tax portal before the due date of filing the return of income.
By when must the Form 10B or 10BB audit report be filed, and what happens if it is filed late?
The audit report in Form 10B or Form 10BB must be filed on or before the due date for filing the return of income under Section 139(1) of the Income Tax Act 1961 (≡ §263/§349, IT Act 2025), which for trusts is typically October 31 of the assessment year (or such extended date as notified by CBDT). Late filing of the audit report results in disallowance of the exemption claimed under Section 11 or Section 10(23C) for that year, as the filing of the audit report is a mandatory condition precedent to claiming the exemption per the provisos to those sections. Additionally, a penalty of Rs 1,500 per day subject to a maximum of Rs 1 lakh may be levied under Section 271B for failure to get accounts audited and furnish the report in time. Rectification applications under Section 154 cannot cure the defect of a late audit report once the assessment is completed.
Our trust accumulates income under Section 11(2) — what documentation must the auditor verify?
When a trust accumulates income beyond the 15% ordinary accumulation limit permitted under Section 11(1)(a), the additional accumulation is allowed for up to 5 years under Section 11(2) of the Income Tax Act 1961, subject to the trust filing Form 10 (notice of accumulation) before the due date of return and specifying the purpose of accumulation. The CA conducting the Form 10B audit must verify that Form 10 was duly filed, that the funds so accumulated are invested or deposited in the modes specified under Section 11(5) (e.g., government securities, scheduled bank FDs, post office savings), and that the accumulated funds are applied toward the stated purpose within the 5-year period. Any unexplained deviation from the stated purpose or failure to apply within the period results in the accumulated amount being treated as income of the trust in the year of deviation under Section 11(3).
What specific schedules in Form 10B require the CA's independent verification versus reliance on management representations?
In Form 10B (as revised per CBDT Notification 7/2023), the CA must independently verify Schedule RA (receipts and payments account), Schedule IE-1 to IE-4 (income and expenditure heads), and Schedule AOA (application of income) against the trust's books and bank statements — management representation alone is insufficient for these. The CA must also independently confirm the registration status under Section 12AB, the list of related parties under Section 13(3) to identify prohibited transactions, and whether any income has been applied for benefit of specified persons under Section 13(1)(c). For voluntary contributions forming part of the corpus under Section 11(1)(d), the CA must verify that separate earmarking is maintained in books and that the corpus has not been applied toward revenue expenses. Representations are acceptable only for non-quantifiable assertions such as the objects of the trust remaining the same.
Can an educational institution claiming exemption under Section 10(23C)(vi) also claim benefits under Section 11 simultaneously?
No. An educational institution cannot simultaneously claim exemption under Section 10(23C)(vi) and under Section 11 of the Income Tax Act 1961 — the two regimes are mutually exclusive, as clarified by the Supreme Court in Queen's Educational Society v. CIT (2015) and reaffirmed in CBDT Circular No. 14/2019. If the institution is registered under Section 12AB, it must claim exemption under Section 11 and file Form 10B; if it is approved under Section 10(23C)(vi) by the prescribed authority (CBDT for incomes above Rs 5 crore), it must file Form 10BB. Institutions that have both registrations active must choose one regime, and the CBDT has directed that Section 10(23C) approval will lapse upon registration under Section 12AB as per the Finance Act 2020 amendments effective from April 1, 2021.

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