FORM NO. 40C for Application for Recognition of the Provident Fund. FORM NO. 40C must be used by an employer as an application for recognition of the provident fund maintained by such employer. The application must be accompanied by the trust deed if any original with one copy thereof. The copy will be retained the Chief commissioner or commissioner.
(1) An application for recognition shall be made by the employers maintaining a provident fund for which recognition is sought and shall be accompanied by the following documents :—
(a) the trust deed if any in original with one copy thereof, the latter to be retained by the Chief Commissioner or Commissioner, and
(b) the rules of the fund :
Provided that if the original of the trust deed cannot conveniently be produced, it shall be open to the Chief Commissioner or Commissioner to accept in lieu of the original a copy certified either by a Magistrate or in any manner specified in rule 17 of the Companies (Central Government’s) General Rules and Forms, 1956, in which case an additional copy shall be furnished for retention by the Chief Commissioner or Commissioner.
(2) The application shall be submitted through the Assessing Officer of the area in which the accounts of the fund are kept or, if the accounts are kept outside India, through the Assessing Officer of the area in which the local headquarters of the employer are situate.
(3) The application shall be furnished in Form No. 40C and shall include the following information:—
(a) Name of employer and address, his business, profession, etc., also his principal place of business.
(b) Number of employees subscribing to the fund—
(i) in India,
(ii) outside India.
(c) Place where the accounts of the fund are or will be maintained.
(d) If the fund is already in existence—
(i) a copy of the last balance sheet of the fund, where such is maintained,
(ii) details of investments of the fund.
(4) The application in Form No. 40C shall be verified in the manner specified therein.]
(5) A fund which has been granted recognition on or before 31st March, 2006 or has applied for recognition before the publication of this notification in the Official Gazette, shall make a fresh application in Form No. 40C through the Assessing Officer referred to in sub-rule (2).
FORM NO. 40C
[See rule 77]
Application for recognition
|1.||Name of the Fund for which recognition under Part A of the Fourth Schedule to the Income-tax Act, 1961 is sought:|
|2.||Permanent Account Number of the Fund:|
|3.||Date of creation of the fund:|
|4.||Name of the employer:|
|5.||Address of the employer:|
|6.||Business/Profession of the employer:|
|7.||Principal place of business of the employer:|
|8.||Total number of employees:|
|9.||Number of employees employed in India:|
|10.||Number of employees subscribing to the fund:|
|(i) In India –|
|(ii) Outside India –|
|11.||Place where the accounts of the funds are/will be maintained:|
|12.||The number of trustees of the fund:|
|13.||The name and address of the trustees:|
|14.||(a) Whether it is an irrevocable trust:|
|(b) If not, the reasons thereof:|
|15.||Please indicate the contribution by the employee as a percentage of his salary:|
|16.||Please indicate the contribution by the employer as a percentage of employee’s salary:|
|17.||The contribution being made/proposed to be made by the employer:|
|18.||Whether the establishment is covered under|
|Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (EPF and MP Act):|
|(a) whether covered under section 1(3) of EPF and MP Act:|
|(b) whether covered under section 1(4) of EPF and MP Act:|
|19.||(a) Whether the establishment is exempt under|
|section 17 of the EPF and MP Act:|
|(b) If yes, please indicate the exemption number/date and enclose documentary proof:|
|(c) If no, please indicate the date of application and attach proof of receipt from Employees Provident Fund Organization:|
|20.||(a) Whether the fund was recognized under the|
|Income-tax Act, 1961 before 31-3-2006:|
|(b) If yes, please indicate the date of approval and attach a copy of letter of approval:|
|21.||If the fund is already in existence, please furnish the following details relevant to the financial year ending prior to the date of application:|
|(a) the total corpus of the fund:|
|(b) investment pattern being followed [give breakup in accordance with the investment pattern prescribed in rule 67(2)]:|
|(c) a copy of the balance-sheet of the fund:|
|22.||Whether the establishment has an approved superannuation fund. If yes, please indicate the approval number and date and indicate the authority which has granted the approval:|
|23.||Whether the establishment has an approved gratuity fund. If yes, please indicate the approval number and date and indicate the authority which has granted the approval:|
, the trustees of the above named fund, solemnly declare that the information given in the application is true and correct to the best of my/our information and belief and that the documents sent herewith are the original or true copies thereof.