Notification No. 39

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

What this is

Notification No. 39 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. 39/2005, DATED 2-2-2005

S.O. 140(E).—Whereas by notification of the Government of India in the Ministry of Finance (Department of Revenue) number S.O.206(E) dated the 17th March, 1997, 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 8, the project of scheme for Equipments arid vehicle, running of Eye Hospital/camps at Bharatpur, Rajasthan, by Friendship Foundation Trust, Giriraj, Andi Hill, Satellite Road, Jodhpur Tekra, Ahmedabad, at the estimated cost of rupees twenty six lakhs twenty eight thousand only, as an eligible project or scheme for a period of three years beginning with assessment year 1997-1998 which was extended further vide notification number S.O.219(E) dated the 1st April, 1999 for a period of three years beginning with assessment year 2000-2001 and which was amended vide notification number S.O. 1147(E) dated 18th November,1999 by enhancing the cost of the project from Rs. 26.28 lakhs to Rs. 50.00 lakhs; And whereas the said project or scheme is likely to extend beyond six years;
And, whereas, the National Committee for the 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 year and amending the project cost from Rs. 50.00 lakhs to Rs. 50.00 lakhs plus a corpus fund of Rs. 30.00 lakhs;
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),-
(a) hereby specifies the scheme or project of Equipments and vehicle, running of Eye Hospital/camps at Bharatpur, Rajasthan which is being carried out by Friendship Foundation Trust, Giriraj, Andi Hill, Satellite Road, Jodhpur Tekra, Ahmedabad, for a further period of three years commencing from the Financial year 2004-2005, and
(b) further amends the said notification number S.O. 206(E) dated the 17th March, 1997, to the following effect, namely:-
In the said notification, in the Table against serial number 8, in column (4) relating to maximum amount of cost to be allowed as deductions under section 35AC, for the letters, figures and word "Rs. 50.00 lakhs", the letters figure and word Rs. 50 00 lakhs plus a corpus fund of Rs. 30.00 lakhs" shall be substituted.

[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

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.