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Case lawNotifications2010 › Notification No. 17
Notification 22 March 2010

Notification No. 17

A notification

What this is

Notification No. 17 was published on 22 March 2010. Its subject is A notification.

The instrument itself

The text, as the department published it

Read from the department’s own PDF, linked below, and reproduced without editing. Line breaks and spacing are ours; the words are not. For anything you rely on, read the file itself.

(TO BE PUBLISHED IN PART II, SUB-SECTION

(ii) OF SECTION 3 OF THE GAZETTE OF INDIA) Government of India Ministry of Finance (Department of Revenue) (Central Board of Direct Taxes) New Delhi, the 22nd March’2010 Notification S.O. It is hereby notified for general information that the organization University of Pennsylvannia Institute for the Advance Study of India, New Delhi has been approved by the Central Government for the purpose of clause

(iii) of sub-section

(1) of section 35 of the Income-tax Act, 1961 (said Act), read with rules 5C and 5E of the Income-tax Rules, 1962 (said Rules) from Assessment year 2009-2010 onwards in the category of ‘other Institution’ partly engaged in research activities subject to the following conditions, namely:-

(i) The sums paid to the approved organization shall be utilized for research in social sciences;

(ii) The approved organization shall carry out research in social science or statistical research through its faculty members or its enrolled students;

(iii) The approved organization shall maintain separate books of accounts in respect of the sums received by it for scientific research, reflect therein the amounts used for carrying out research, get such books audited by an accountant as defined in the explanation to sub-section

(2) of section 288 of the said Act and furnish the report of such audit duly signed and verified by such accountant to the Commissioner of Income-tax or the Director of Income-tax having jurisdiction over the case, by the due date of furnishing the return of income under sub-section

(1) of section 139 of the said Act;

(iv) The approved organization shall maintain a separate statement of donations received and amounts applied for research in social sciences and a copy of such statement duly certified by the auditor shall accompany the report of audit referred to above.

2. The Central Government shall withdraw the approval if the approved organization:-

(a) fails to maintain separate books of accounts referred to in sub-paragraph

(iii) of paragraph 1; or

(b) fails to furnish its audit report referred to in sub-paragraph

(iii) of paragraph 1; or

(c) fails to furnish its statement of the donations received and sums applied for research in social sciences or statistical research referred to in sub-paragraph

(iv) of paragraph 1; or

(d) ceases to carry on its research activities or its research activities are not found to be genuine; or

(e) ceases to conform to and comply with the provisions of clause

(iii) of sub-section

(1) of section 35 of the said Act, read with rules 5C and 5E of the said Rules. (Dr. Sanjay Kumar Lal) Under Secretary (ITA-II) Notification No. 17 /2010 (F.No.203/83/2009 /ITA-II) To The Manager, Govt. of India Press, Mayapuri, New Delhi Copy forwarded to:

1. The applicant organization, University of Pennsylvannia Institute for the Advance Study of India, New Delhi 2. The Director General of Income Tax (Exemptions), New Delhi 3. Comptroller & Auditor General of India.

4. DGIT (E), Delhi 5. Concerned File 6. Ministry of Law & Justice (Correction Section), New Delhi.

7. DIT(Systems), New Delhi, for placing on the website incometaxindia.gov.in 8. Guard file.

9. ITCC, CBDT (4 copies) (Dr. Sanjay Kumar Lal) Under Secretary (ITA-II)

Source: the department’s file.

← Notification No. 18  ·  Notification No. 16 →

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.