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Case lawNotifications2015 › Notification No.125/2015 [F.No.V.27015/1/2015-SO(NAT.COM)] / SO 1471(E)
Notification 4 June 2015

Notification No.125/2015 [F.No.V.27015/1/2015-SO(NAT.COM)] / SO 1471(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 - Helpage INDIA, NEW Delhi

What this is

Notification No.125/2015 [F.No.V.27015/1/2015-SO(NAT.COM)] / SO 1471(E) was published on 4 June 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 - Helpage INDIA, NEW Delhi.

What it does

The notification does two things for the project "Building a general corpus fund for Helpage India's work" of Helpage India, C-14, Qutab Institutional Area, New Delhi - 110016, notified at serial number 16 of S.O. 998(E) dated 5 July 2006. It notifies the project as an eligible project under section 35AC for a further period of three years commencing with financial year 2015-16, that is 2015-16, 2016-17 and 2017-18. It also amends S.O. 998(E) so that in the Table against serial number 16, in column (4), the maximum cost allowable as deduction is substituted from "Rs. 50 crore as corpus fund" to "Rs. 100 crore as corpus fund".

Why it was issued

The project was likely to extend beyond nine years and its cost likely to rise from Rs. 50 crore to Rs. 100 crore as corpus fund, and the National Committee for Promotion of Social and Economic Welfare recommended both the extension and the enhancement under sub-rule (5) of rule 11M of the Income-tax Rules, 1962.

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.35s.45, s.66
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 - HELPAGE INDIA, NEW DELHI
NOTIFICATION NO.125/2015 [F.NO.V.27015/1/2015-SO(NAT.COM)]/SO 1471(E), DATED 4-6-2015
Whereas by notification of the Government of India in the Ministry of Finance (Department of Revenue) number S.O.998(E), dated the 5th July, 2006, 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 16, "Building a general corpus fund for Helpage India's work" by 'Helpage India', C-14, Qutab Institutional Area, New Delhi - 110016, as an eligible project or scheme for a period of three years beginning with financial year 2006-2007; which was extended further vide notification number S.O.2048(E) 25th June, 2009 for a period of three years beginning with financial year 2009-10 and which was further extended vide S.O. No. 480(E), dated 16.3.2012 for a period of further three years commencing from financial year 2012-13.
And whereas by notification number S.O. 879(E), dated 27.04.2011 the estimated cost was enhanced from Rs.20 crore as corpus fund to Rs. 30 crore as corpus fund and the project cost was again enhanced from Rs. 30 crore as corpus fund to Rs. 50 crore as corpus fund vide S.O. no. 480(E) dated 16.3.2012.
And whereas the said project or scheme is likely to extend beyond nine years;
And whereas the project cost is likely to enhance from Rs. 50 crore as corpus fund to Rs. 100.00 crore as corpus fund;
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 a further recommendation under sub-rule (5) of rule 11M of the Income-tax Rules, 1962 for extending the said project or scheme for a further period of three years and amending the project cost from Rs. 50 crore as corpus fund to Rs. 100.00 crore as corpus fund;
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 notifies (a) the scheme or project "Building a general corpus fund for Helpage India's work" which is being carried out by 'Helpage India', C-14, Qutab Institutional Area, New Delhi - 110016 for a further period of three years commencing with financial years 2015-16, i.e. 2015-16, 2016-17 and 2017-18 and;
(b) further amends the said notification number S.O. 998(E) dated the 5th July, 2006, to the following effect, namely :—
In the said notification, in the Table against serial number 16, in column (4) maximum amount of cost to be allowed as deduction under section 35 AC of Income Tax Act, 1961, for the letters, figures and word "Rs. 50 crore as corpus fund", the letters, figures and word "Rs. 100 crore as corpus fund" 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

From when

financial year 2015-16.

What to watch

Where you meet it

In a donor's claim of deduction under section 35AC for a corpus contribution to Helpage India, and in the assessing officer's check of column (4) of the Table to S.O. 998(E).

An example

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

A corporate donor contributing Rs. 15 crore to the Helpage India corpus in financial year 2015-16 is within the enhanced ceiling of Rs. 100 crore; had the same payment fallen before the enhancement, the aggregate allowable corpus for the project was Rs. 50 crore.

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.126/2015 [F.No.V.27015/1/2015-SO(NAT.COM)] / SO 1472(E)  ·  Notification No.124/2015 [F.No.V.27015/1/2015-SO(NAT.COM)] / SO 1411(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.