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Case lawNotifications2015 › Notification No.163/2015 [F.No.V.27015/1/2015-SO(NAT.COM)] / SO 1488(E)
Notification 4 June 2015

Notification No.163/2015 [F.No.V.27015/1/2015-SO(NAT.COM)] / SO 1488(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 - Akshayapatra Foundation, Bangalore

What this is

Notification No.163/2015 [F.No.V.27015/1/2015-SO(NAT.COM)] / SO 1488(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 - Akshayapatra Foundation, Bangalore.

What it does

The Central Government, under sub-section (1) read with clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961, does two things for the "Mid Day Meal Program run by the Akshayapatra Foundation" carried out by Akshayapatra Foundation, Hare Krishna Hills, West of Chord Road, Rajajinagar, Bangalore - 560010. It notifies the project 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. 1237(E) dated 28 October 2003 so that in the Table against serial number 3, in column (4), relating to the maximum amount of cost to be allowed as deduction under section 35AC, "Rs. 400.00 crore" is substituted by "Rs. 900.00 crore". The project was notified at that serial number for three years ending with assessment year 2005-06 and extended by S.O. 1008(E) dated 5 July 2006, S.O. 856(E) dated 25 March 2009 and S.O. 481(E) dated 16 March 2012, the last for three years beginning with financial year 2012-13; the cost was raised from Rs. 2263.75 lakh to Rs. 100.00 crore, then to Rs. 200 crore and then to Rs. 400 crore by those notifications.

Why it was issued

The project or scheme is likely to extend beyond twelve years and its cost is likely to rise from Rs. 400 crore to Rs. 900.00 crore, and the National Committee for the Promotion of Social and Economic Welfare, satisfied that it is being executed properly, recommended both the extension and the amendment of cost 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 - AKSHAYAPATRA FOUNDATION, BANGALORE
NOTIFICATION NO. SO 1488(E) [NO.163/2015 (F.NO.V.27015/1/2015-SO(NAT.COM))], DATED 4-6-2015
Whereas by notification of the Government of India, in the Ministry of Finance (Department of Revenue) number S.O. 1237(E) dated the 28th October, 2003, issued under sub-section (1) read with 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 3, "Mid Day Meal Program run by the Akshayapatra Foundation, Hare Krishna Hills, West of Chort Road, Rajajinagar, Bangalore - 560010", as an eligible project or scheme for a period of three years ending with assessment year 2005-2006, which was extended further vide notification number S.O.1008(E) dated the 5th July, 2006 for a period of three years beginning with financial year 2006-2007, which was extended further vide notification number S.O.856(E) dated 25th March, 2009 for a period of three years beginning with financial year 2009-10 and which was extended further vide notification number S.O.481(E) dated 16th March, 2012 for a period of three years beginning with financial year 2012-13;
And whereas by notification number S.O. 1008(E) dated the 5th July, 2006 the estimated cost was enhanced from Rs. 2263.75 lakh to Rs.100.00 crore, vide notification number S.O. 856(E) dated 25th March, 2009 the estimated cost was enhanced from 100 crore to 200 crore and the project cost was again enhanced from Rs. 200 crore from to Rs. 400 crore vide S.O. no. 481(E) dated 16.3.2012.
And whereas the said project or scheme is likely to extend beyond twelve years;
And whereas the project cost is likely to enhance from Rs. 400 crore to Rs. 900.00 crore;
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 extending the said project or scheme for a further period of three years and amending the project cost from Rs.400.00 crore to Rs.900.00 crore;
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),- (a) hereby notifies the scheme or project "Mid Day Meal Program run by the Akshayapatra Foundation", which is being carried out by "Akshayapatra Foundation, Hare Krishna Hills, West of Chort Road, Rajajinagar, Bangalore - 560010", for a further period of three years commencing with the financial years 2015-16 i.e 2015-16, 2016-17 & 2017-18 and;
(b) further amends the said notification number S.O. 1237(E) dated the 28th October, 2003, to the following effect, namely :—
In the said notification, in the Table against serial number 3, in column (4) relating to maximum amount of cost to be allowed as deduction under section 35 AC, for the letters, figures and word "Rs. 400.00 crore", the letters, figures and word "Rs.900.00 crore" 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 return claiming deduction under section 35AC and in the certificate issued by the Foundation for the year of payment.

An example

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

A company paying Rs. 25 crore to the mid day meal programme in financial year 2016-17 can be certified within the enhanced ceiling, the aggregate allowable against the project now being Rs. 900.00 crore instead of Rs. 400.00 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. 162/2015 [F.No.V. 27015/1/2015-SO (NAT.COM)]/SO 1591(E)  ·  Notification No.146/2015 [F.No.V.27015/1/2015-SO(NAT.COM)] / SO 1487(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.