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Case lawNotifications2010 › Notification No. 90/2010
Notification 22 December 2010

Notification No. 90/2010

A notification

What this is

Notification No. 90/2010 was published on 22 December 2010. Its subject is A notification.

The instrument itself

The text, read by machine from the scan

This is not the department’s typed text. The department published this one as a scanned image of a signed paper, so there is no text in the file to copy. What follows was read off that image by optical character recognition and is reproduced without correction — the mistakes you can see are the machine’s, and there may be others you cannot. It is here so the document can be found and read; it is not a substitute for the file, which is linked below. Do not quote from this page.

(TO BE PUBLISHED IN PART Il, 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 224 December, 2010
Notification

S.O. It is hereby notified for general information that the organization M/s. National Council for

Applied Economic Research, New Delhi has been approved by the Central Government for the purpose of

clause (ii) 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), with effect from 1.4.2002 (Assessment Year 2003-04) onwards

in the category of ‘other Institution’, partly engaged in research activities subject to the following conditions,

namely:- ee ; wee ee ce ne . ve

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

(ii) The approved organization shall carry out scientific 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 scientific research 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 scientific 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 (ii) of sub-section (1) of section 35
of the said Act read with rules 5C and 5E of the said Rules. Bs oakroova,
Director (ITA-Il)
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Source: the department’s scanned file.

← S.O. 3021(E)  ·  GSR 956(E) →

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.