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Case law › Notifications › 2007 › Notification No. 038
Notification 14 February 2007

Notification No. 038

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

What this is

Notification No. 038 was published on 14 February 2007. Its subject is A notification under section 35 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 ActNow
s.35s.45, s.66

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. 38/2007, DATED 15-2-2007

Whereas by notification of the Government of India in the Ministry of Finance (Department of Revenue), Number S.O.469(E), dated the 2nd July, 1996, issued under sub-section (1) read with clause (b) of the Explanation to section 35 AC of the Income-tax Act, 1961 (43 of 1961), the Central Government had specified at serial Number 14, for (a) Medical Camp in rural areas; (b) Creation of employment for rural population for Leprosy affected and Leprosy cured; (c) Educational help to kids of Leprosy affected families; (d) Deformity care of leprosy patients-free aids and appliances; (e) Health Education for removal of social stigma from society and diagnose of leprosy patients at an early stage; in whole of Gujarat, by Gujarat Raktapitt Nivaran Seva Sangh, Junigadhi, Near Municipal Quarters, Mill Road, Yakutpura, Vadodara-390006 (Gujarat) as an eligible project or scheme for a period of three years beginning with assessment year 1997-98 which was extended further vide notification number S.O.744(E), dated the 10th September, 1999 for a period of three years beginning with assessment year 2000-01 and which was extended further vide notification Number S.O.610(E), dated the 7th June, 2002 for a period of three years beginning with assessment year 2003-04;
AND WHEREAS the said project or scheme is likely to extend beyond nine 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 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 two years and enhancing the project cost from Rs. 26.97 lakhs to Rs. 40.00 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 35 AC of the Income-tax Act, 1961 (43 of 1961), hereby-
(a) specifies the scheme or project for (a) Medical Camp in rural areas; (b) Creation of employment for rural population for Leprosy affected and Leprosy cured; (c) Educational help to kids of Leprosy affected families; (d) Deformity care of leprosy patients-free aids and appliances; (e) Health Education for removal of social stigma from society and diagnose of leprosy patients at an early stage; in whole of Gujarat, which is being carried out by Gujarat Raktapitt Nivaran Seva Sangh, Junigadhi, Near Municipal Quarters, Mill Road, Yakutpura, Vadodara-390006 (Gujarat) as an eligible project or scheme for a further period of two years commencing from the financial year 2006-07 as the financial year 2005-06 is already over and no donation can be collected for that financial year; and
(b) further amends the said notification number S.O.469(E), dated the 2nd July, 1996, to the following effect, namely :-
In the said notification, in the Table against serial Number 14, in column (4), relating to maximum amount of cost to be allowed as deduction under section 35 AC, for the letters, figures and word "Rs. 26.97 lakhs", the letters, figures and word "Rs. 40.00 lakhs" shall be substituted.
[F. No. NC-274/04/2006]

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. 039  ·  Notification No. 037 →

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.