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Case law › Notifications › 2008 › Notification No. 98
Notification 22 October 2008

Notification No. 98

Income-tax (Eighth Amendment) Rules, 2008 - Insertion of rule 18DDA and Form No. 10CCBD

What this is

Notification No. 98 was published on 22 October 2008. Its subject is Income-tax (Eighth Amendment) Rules, 2008 - Insertion of rule 18DDA and Form No. 10CCBD.

This amends the Income-tax Rules. What it changes is the Rules, not the Act — and a rule can never take away what the section gives.

What it does

Under section 295 read with sub-section (11C) of section 80-IB of the Income-tax Act, 1961, the Central Board of Direct Taxes makes the Income-tax (Eighth Amendment) Rules, 2008. Rule 18DDA is inserted after rule 18DD, providing that the report of an accountant which the assessee must furnish along with the return of income under sub-section (11C) of section 80-IB shall be in Form No. 10CCBD. Form No. 10CCBD is inserted in Appendix-II after Form 10CCBC. The Form calls for the ownership of the hospital and whether the owner is a person referred to in clause (b) of sub-section (2) of section 40A, the date of commencement of medical services, the initial assessment year, the local authority's permission for construction and the completion or occupation certificate, whether the locality is within an excluded area, technical specifications such as the number of beds, operation theatre, labour room, pathological laboratory, round-the-clock qualified doctors and nurses and emergency and MRI or ECG facilities, and the computation of the deduction, with the accountant's declaration that the undertaking satisfies the conditions of sub-section (11C) of section 80-IB.

Who it reaches

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.40As.29, s.36
s.80s.121, s.138, s.139, s.140, s.141, s.142, s.143
s.295s.533

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.

INCOME-TAX (EIGHTH AMENDMENT) RULES, 2008 - INSERTION OF RULE 18DDA AND FORM NO. 10CCBD
NOTIFICATION NO. 98/2008 [F.No. 142/12/2008-TPL], DATED 22-10-2008

In exercise of the powers conferred by section 295 read with sub-section (11C) of section 80-IB of the Income-fax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:—
1. (1) These rules shall be called the Income-tax (Eighth Amendment) Rules, 2008.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Income-tax Rules, 1962, after rule 18DD, the following rule shall be inserted, namely:—
"Form of report for claiming deduction under sub-section (11C) of section 80-IB.
18DDA. The report of an accountant which is required to be furnished by the assessee along with the return of income, under sub-section (11C) of section 80-IB shall be in Form No. 10CCBD."
3. In Appendix-lI, after Form 10CCBC, the following Form shall be inserted, namely:—
"FORM NO. 10CCBD
[See rule 18DDA]

1. Name of the assessee : ____________________________________
2. PAN ; ____________________________________
3. Status : ____________________________________
4. Ownership of the hospital:
(a) Whether the hospital is owned by the assessee Yes___ No___
(b) (i) it no, name of the owner:
(ii) whether the owner is a person referred to In section 40A(2)(b) Yes___ No____
5. Name and address of the hospital:____________________________________
________________________________________________________________________
6. Date of commencement of medical services:__________________________
7. Initial assessment year: ______________________________________________
8. Approval from the local authority under the local regulation (attach a copy of the approval in the initial assessment year):

Approval

Issuing authority

Approval date and number

1. Permission for construction of the hospital

2. Completion or occupation certificate

9. Location of the hospital:
(i) Name of the locality/area in which the hospital is located: ____________
(ii) Whether the said locality/area is within the jurisdiction of any of the excluded area: Yes______ No_______
10. Technical specifications of the hospital:
(a) Number of beds for the patients.___________________________________
(b) Whether an operation theatre is provided : Yes_____ No_______
(c) Whether a labour room is provided : Yes___ No_______
(d) Whether a pathological laboratory is maintained In the hospital Yes___ No______
(e) Number of qualified doctors available in the hospital (round the clock):_____
(f) Number of qualified nurses available in the hospital (round the clock) : _____
(g) Whether the hospital is equipped to handle emergency cases Yes_____ No______
(h) Whether facilities in the nature of Magnetic Resonance Imaging (MRI)/ Electrocardiogram (ECG) are available: Yes_____ No______
10. Details relating to computation of deduction:
(a) Total receipts from the business of operating and maintaining a hospital: Rs.________________
(b) Other receipts of the undertaking : Rs. ________________
(c) Profits derived from the business of operating and maintaining a ***hospital not located in excluded area : Rs. ________________
(d) Deduction under section 80-IB(11C): Rs. ________________

Declaration
*I/We have examined the balance sheet of the above undertaking styled**________________and belonging to the assessee M/s. _______________(Permanent Account No: _______________) as at ________________ and the profit and loss account of the said undertaking for the year ended on that date which are in agreement with the books of account maintained at the head office at_____________________and branches at______________________________.
*I/We have obtained all the information and explanations which to the best of **my/our knowledge and belief were necessary for the purposes of the audit. In *my/our opinion, proper books of account have been kept by the head office and the branches of the undertaking aforesaid visited by *me/us so far, as appears from *my/our examination of books, and proper returns adequate for the purposes of-audit have been received from branches not visited by *me/us, subject to the comments given below:
________________________________________________________________________________________________________________________________________________

In *my/our opinion, the undertaking satisfies the conditions stipulated in sub-section (11C) of section 80-IB and the amount of deduction claimed under this section is as per the provisions of the Income-tax Act, and

In *my/our opinion and to the best of my/our information and according to explanations given to *me/us, the said accounts give a true and fair view,—
(i) in the case of the balance sheet, of the state of affairs of the above named undertaking as at _____________________________, and
(ii) in the case of the profit and loss account, of the profit or loss of the undertaking for the accounting year ending on______________________.
Place___________
Date____________

__________________

Signed

****Accountant
Notes:
1. *Delete whichever is not applicable.
2. **Here give name and address.
3. ***Please provide profit and loss account and balance sheet of the undertaking.
4. ****This report is to be given by-
(i) a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949); or
(ii) any person who, in relation to any State, is, by virtue of the provisions in sub-section (2) of section 226 of the Companies Act, 1956 (1 of 1956), entitled to be appointed to act as an auditor of companies registered in that State."

What it changes

The rule numbers are the 1962 Rules’ own, as the notification names them. The right-hand column is the department’s own mapping into the Income-tax Rules, 2026, which renumbered nearly everything.
Rule of the 1962 RulesNow, in the 2026 Rules
Rule 18DDAno counterpart recorded
Rule 18DDno counterpart recorded

Forms it touches. Form No. 10CCBD, Form No. 10CCBC

From when

the date of publication in the Official Gazette.

What to watch

Where you meet it

In the return of income of a hospital undertaking claiming deduction under sub-section (11C) of section 80-IB, and in the accountant's report in Form No. 10CCBD filed with it.

What it names

Forms it names. Form No. 10CCBD

Rules it names. Rule 18DD, 18DDA 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. 101  ·  Notification No. 97 →

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.