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Case lawNotifications2015 › Notification No.102/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 472(E)
Notification 11 February 2015

Notification No.102/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 472(E)

Section 35AC, read with Explanation (b) thereto, of the Income-tax Act, 1961 - Eligible Projects or Schemes, Expenditure on - Notified Eligible Projects or Schemes - Karuna Trust, Ahmedabad

What this is

Notification No.102/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 472(E) was published on 11 February 2015. Its subject is Section 35AC, read with Explanation (b) thereto, of the Income-tax Act, 1961 - Eligible Projects or Schemes, Expenditure on - Notified Eligible Projects or Schemes - Karuna Trust, Ahmedabad.

What it does

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, amends notification S.O. 92(E) dated 2nd February, 1996. In the Table to that notification, against serial number (5), in column (4) relating to the maximum amount of cost to be allowed as deduction under section 35AC, for "Rs.200 lakh" there is substituted "Rs.470 lakh including a corpus fund of Rs.270 lakh". Serial number 5 is the project "Conduct eye operation, polio operation camps, oxygen cylinder seva and ambulance service all over Gujarat" carried out by Karuna Trust, 22, Gautam Nagar, Near Naranpura Railway Crossing, Ahmedabad-13. The notification enhances the cost only; it does not extend the period.

Why it was issued

The project cost of Rs. 200 lakh is likely to be amended to Rs. 470 lakh including a corpus fund of Rs. 270 lakh, and the National Committee for the Promotion of Social and Economic Welfare, being satisfied that the project is being executed properly, made a further recommendation under sub-rule (5) of rule 11M of the Income-tax Rules, 1962 for that enhancement.

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.35ACno 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.

SECTION 35AC, READ WITH EXPLANATION (b) THERETO, OF THE INCOME-TAX ACT, 1961 - ELIGIBLE PROJECTS OR SCHEMES, EXPENDITURE ON - NOTIFIED ELIGIBLE PROJECTS OR SCHEMES - KARUNA TRUST, AHMEDABAD
NOTIFICATION NO.102/2015 [F.NO.V.27015/4/2014-SO(NAT.COM)]/SO 472(E), DATED 11-2-2015
Whereas by notification of the Government of India in the Ministry of Finance (Department of Revenue) number S.O.92(E) dated the 2nd February, 1996, issued under clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961 (43 of 1961), the Central Government had notified at serial number 5, "Conduct eye operation, polio operation camps, oxygen cylinder seva and ambulance service all over Gujarat" by "Karuna Trust, 22, Gautam Nagar, Near Naranpura-Railway Crossing, Ahmedabad-13", as an eligible project or scheme for a period of three years beginning with assessment year 1996-1997, which was extended further vide notification number S.O.57(E) dated the 16th January, 1998 for a period of three years beginning with assessment year 1999-2000; which was extended further vide notification number S.O.539(E) dated the 20th June, 2001 for a period of three years beginning with assessment year 2002-2003; which was extended further vide notification number S.O. 143(E) dated the 2nd February, 2005 for a period of three years beginning with financial year 2004-2005; which was extended further vide notification number S.O.1307(E) dated 4th June, 2008 for a period of three years beginning with financial year 2007-08 and which was further extended vide notification number S.O. 3861(E) dated 27.12.2013 for a period of three years ending with financial year 2015-16;
And whereas by notification number S.O.539(E) dated the 20th June, 2001 the estimated cost was enhanced from Rs. 94.00 lakh to Rs. 128.00 lakh; vide notification number S.O. 1307(E) dated 4th June, 2008 the estimated cost was enhanced further from Rs. 128.00 lakh to 153.00 lakh and whereas by notification number S.O 3861(E) dated 27.12.2013 the estimated cost was enhanced from Rs.153 lakh to Rs.200 lakh;
And whereas the project cost of Rs.200 lakh is likely to be amended as Rs.470 lakh including a corpus fund of Rs.270 lakh;
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 enhancing the project cost from Rs.200 lakh to Rs.470 lakh including a corpus fund of Rs.270 lakh.
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), hereby amends the said notification number S.O. 92(E) dated the 2nd February, 1996, to the following effect, namely:-
'In the said notification, in the Table against serial number (5), in column (4), relating to maximum amount of cost to be allowed as deduction under section 35AC, for the letters, figures and words "Rs.200 lakh", the letters, figures and words "Rs.470 lakh including a corpus fund of Rs.270 lakh" shall be substituted'.
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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 11Mno counterpart recorded

What to watch

Where you meet it

In a donor's return claiming deduction under section 35AC for a payment to the Trust, and in testing whether a payment is within the approved cost stated in the Trust's certificate.

An example

Ours, not the Board’s: a worked case built from the rule the instrument sets, to show how it falls out.

A donor who pays Rs. 100 lakh to Karuna Trust towards its corpus can be met with the objection that the approved cost of Rs. 200 lakh carried no corpus component. After this substitution the approved cost is Rs. 470 lakh, of which Rs. 270 lakh is corpus, so the payment can fall within the notified project so long as the aggregate does not exceed the amended ceiling.

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.103/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 473(E)  ·  Notification No.101/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 471(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.