Notification No. 38

A notification under section 35AC of the Income-tax Act, 1961

What this is

Notification No. 38 was published on 2 February 2005. Its subject is A notification under section 35AC of the Income-tax Act, 1961.

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 Act	Now
s.35AC	no counterpart recorded

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. 38/2005, DATED 2-2-2005

S.O. 139(E).—Whereas by notification of the Government of India in the Ministry of Finance (Department of Revenue) number S.O.711(E) dated the 25th September, 1992, issued under clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961 (43 of 1961), the Central Government had specified at serial number 1, the project of scheme for (a) Mahatama Gandhi Mission for Gram Swarjya (at an estimated cost of Rs. six crores); (b) Construction and Equipment of One Hundred Women and Children Centres in the tribal village in the District of Sonbhadra (UP) (at an estimated cost of Rs 1.5 crores), and (c) Banwasi Bhawana-Construction and Equipment of a Hostel-cum-training Centre for SC/ST and other poor students (at an estimated cost of Rs. 1.5 crores), by Banwasi Seva Ashram, Govindpur (Via Turra), Sonbhadra, UP, at the estimated cost of rupees nine crores only, as an eligible project or scheme for a period of three years beginning with assessment year 1993-1994 which was extended further vide notification number S.O. 841(E) dated the 22nd November, 1994 for a period of three years beginning with assessment year 1996-1997 which was extended further vide notification number S.O.58(E) dated the 16th January, 1998 for a period of three years beginning with assessment year 1999-2000 and which was extended further vide notification number S.O.865(E) dated the 14th August, 2002 for a period of three years beginning with assessment year 2002-2003;
And whereas the said project or scheme is likely to extend beyond twelve years;
And whereas the National Committee for Promotion of Social and Economic Welfare, being satisfied that the said project or scheme is being executed properly, made a further recommendation under sub-rule (5) of rule 11M of the Income-tax Rules, 1962 for specifying the said project or scheme for a further period of three years;
Now, therefore, the Central Government, in exercise of the powers conferred by sub- section (1) read with clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961 (43 of 1961), hereby specifies the scheme or project for (a) Mahatama Gandhi Mission for Grem Swarjya (at an estimated cost of Rs. six crores); (b) Construction and Equipment of One Hundred Women and Children Centres in the tribal village in the District of Sonbhadra (UP) (at an estimated cost of Rs 1.5 crores); (c) Banwasi Bhawana-Construction and Equipment of a Hostel-cum-training Centre for SC/ST and other poor students (at an estimated cost of Rs. 1.5 crores), which is being carried out by Banwasi Seva Ashram, Govindpur (Via Turra), Sonbhadra, UP, without change in the approved cost as an eligible project or scheme for a further period of three years commencing from the financial year 2004-2005.

[F. No. NC-270/408/2004]

What it names

Rules it names. Rule 11M 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. 3/2022 — Specifying forms returns statements reports orders by whatever name called prescribed in appendix ii to be furnished ele 16 July 2022
Notification No. 2/2019 [F. No. V. 27013/3/2018-SO(NAT.COM)]/SO 3122(E) — Ministry of Finance 28 August 2019
Notification No. 1/2019 [F. No. V. 27013/3/2018-SO(NAT.COM)] / SO 1706(E) — Ministry of Finance 8 May 2019
Notification No. S.O. 1706 [No. 1/2019 (F.No.V.27013/3/2018-SO(nat.com)] — Section 35AC of the Income-tax Act, 1961, read with rule 11G of the Income-tax Rules, 1962 - Eligible Projects or Scheme 8 May 2019
Notification No. 2/2018 [F.No.V.27013/3/2018-SO(NAT.COM)] SO 5160(E) — Ministry of Finance 5 October 2018
Notification No. 1/2018 [F.No.V.27013/3/2018-SO(NAT.COM)] / SO 1658(E) — MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 17th April, 2018 S.O 17 April 2018

← Notification No. 39 · Notification No. 37 →

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.