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Case lawNotifications2003 › Notification No. 349
Notification 16 December 2003

Notification No. 349

Approval of an institution under section 10 of the Income-tax Act, 1961

What this is

Notification No. 349 was published on 16 December 2003. Its subject is Approval of an institution under section 10 of the Income-tax Act, 1961.

This is an approval of a named institution. It affects that institution and the people who deal with it; the years it covers are stated in it and are the whole of its reach.

The provisions it speaks to

Left, the provision of the Income-tax Act, 1961 as the instrument itself names it. Right, the section of the Income-tax Act, 2025 that the department’s own concordance maps it to — which is where the same ground is now covered.
Under the 1961 ActNow
s.10s.11, s.19

The instrument, as the Board published it

The words below are the department’s own, reproduced from its published text. Where the department’s copy carried a publisher’s notes after the instrument, those are not reproduced.

Notification No : 349

Section(s) Referred : section 10(23G)

Date of Issue : 16/12/2003

Notification No : 349 Date of Issue : 16/12/2003

It is notified for general information that enterprise/industrial undertaking, listed at para (3) below has been approved by the Central Government for the purpose of section 10(23G) of the Income-tax Act, 1961, read with rule 2E of the Income-tax Rules, 1962, for the assessment years 2002-2003, 2003-2004 and 2004-2005.

2. The approval is subject to the condition that -

(i) the enterprise/industrial undertaking will conform to and comply with the provisions of section 10(23G) of the Income-tax Act, 1961, read with rule 2E of the Income-tax Rules, 1962;

(ii) the Central Government shall withdraw this approval if the enterprise/industrial undertaking:

(a) ceases to carry on infrastructure facility; or

(b) fails to maintain books of account and get such accounts audited by an accountant as required by sub-rule (7) of rule 2E of the Income-tax Rules, 1962; or

(c) fails to furnish the audit report as required by sub-rule (7) of rule 2E of the Income-tax Rules, 1962.

3. The enterprise/industrial undertaking approved is -

M/s Bharti Cellular Ltd, H-5/12, Qutab Ambience (at Qutab Minar), MehrauU Road, New Delhi-110030 for providing Cellular Mobile Telephone Services in Maharashtra vide licence N0.842-381/2001-VAS dated 28'h September, 2001; in UP(West) vide licence No.842-381/2001-VAS/UP(West); in Mumbai vide licence No.842-381/2001-VAS/Mumbai dated 28th September, 2001; in Kerala vide licence No.842-381/2001-VAS/Kerala dated 28th September. 2001; in Tamil Nadu vide licence No.842-381/2001-VAS/Tamil Nadu dated 28'h September, 2001; in Haryana vide licence No.842.381/2001-VAS/Haryana dated 28"' September, 2001; in Madhya Pradesh vide licence No.842-381/2001-VAS/Madhya Pradesh dated 28th September, 2001; in Gujarat vide licence No.842-381/2001-VAS/Gujarat dated 28th September, 2001; all the aforementioned licence agreements entered into between the President of India acting through Asstt. Director General (VAS-I), Department of Telecommunications and the applicant. (F.No-205/28/2002-ITA.II)

4. The applicant is already notified for providing Cellular Mobile Service in Delhi for providing Cellular Mobile Telephone Service vide Notification No.377/2001 dated 28th December, 2001 (F.No.205/5/98-ITA.II Vol.1)

F.N0.205/28/2002/ITA.II

What it names

Rules it names. Rule 2E of the Income-tax Rules, 1962. The 1962 Rules were replaced by the Income-tax Rules, 2026, which renumbered nearly everything: a rule number quoted here almost never means the same rule today.

On the same provision

Other instruments in this library that name the same provision of the 1961 Act. They are not necessarily still operative, and a later one may have replaced an earlier one without saying so.

← Notification No. 350  ·  Notification No. 348 →

What a notification is. A notification is made under a power the Act itself gives, and within that power it is law — unlike a circular, which only binds the department. Its reach is the reach of the enabling provision and no wider, and the date it carries decides from when it works.

Source: the Income Tax Department’s own published text — its page for this instrument.