Case law › Notifications › 2015 › Notification No.238/2015 [F.No.V.27015/3/2015-SO(NAT.COM)] / SO 3048(E)

Notification 10 November 2015

Notification No.238/2015 [F.No.V.27015/3/2015-SO(NAT.COM)] / SO 3048(E)

Section 35AC of the Income-tax Act, 1961 - Eligible Projects or Schemes, Expenditure on - Notified Eligible Projects or Schemes

What this is

Notification No.238/2015 [F.No.V.27015/3/2015-SO(NAT.COM)] / SO 3048(E) was published on 10 November 2015. Its subject is Section 35AC of the Income-tax Act, 1961 - Eligible Projects or Schemes, Expenditure on - Notified Eligible Projects or Schemes.

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, notifies the project "Sanjivani Gramin Arogya Kendras" carried out by Sanjivani Health and Relief Committee, C/o Dr. Pankaj R. Shah, Hari Om Flats, Near Chandranagar, Narayannagar Road, Paldi, Ahmedabad, Gujarat, as an eligible project or scheme for a further period of three years commencing with financial year 2015-16, that is 2015-16, 2016-17 and 2017-18. The approved cost is unchanged at Rs. 4.28 crore. The project was notified at serial number 8 of S.O. 2907(E) dated 17 November 2009 for three years beginning with financial year 2009-10 and extended by S.O. 1066(E) dated 14 May 2012 for three years ending with financial year 2014-15; its estimated cost was enhanced from Rs. 1.83 crore to Rs. 4.28 crore by S.O. 3830(E) dated 27 December 2013.

Why it was issued

The project or scheme is likely to extend beyond six years, and the National Committee for Promotion of Social and Economic Welfare, satisfied that it is being executed properly, made a further recommendation under sub-rule (5) of rule 11M of the Income-tax Rules, 1962 for extending it by three years.

Who it reaches

Sanjivani Health and Relief Committee, Ahmedabad, Gujarat
donors funding the rural health centres
assessing officers examining claims of deduction under section 35AC

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 Act	Now
s.35AC	no 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 OF THE INCOME-TAX ACT, 1961 - ELIGIBLE PROJECTS OR SCHEMES, EXPENDITURE ON - NOTIFIED ELIGIBLE PROJECTS OR SCHEMES
NOTIFICATION NO. SO 3048(E) [NO.238/2015 (F.NO.V.27015/3/2015-SO (NAT.COM))], DATED 10-11-2015
Whereas by notification of the Government of India, in the Ministry of Finance (Department of Revenue) number S.O. 2907 (E) dated 17th November, 2009, 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 8, "Sanjivani Gramin Arogya Kendras" by "Sanjivani Health and Relief Committee, C/o Dr. Pankaj R. Shah, Hari Om Flats, Nr Chandranagar, Narayannagar Road, Paldi, Ahmedabad 3830007, Gujarat", as an eligible project or scheme for a period of three years beginning with financial year 2009-10 and which was extended further vide notification number S.O.1066(E) dated the 14th May, 2012 for a period of three years ending with financial year 2014-15;
And whereas by notification number S.O.3830(E) dated the 27th December, 2013 the estimated cost was enhanced from Rs. 1.83 core to Rs.4.28 crore,
And whereas the said project or scheme is likely to extend beyond six years;
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;
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 the scheme or project "Sanjivani Gramin Arogya Kendras" which is being carried out by "Sanjivani Health and Relief Committee, C/o Dr. Pankaj R. Shah, Hari Om Flats, Nr Chandranagar, Narayannagar Road, Paldi, Ahmedabad 3830007, Gujarat", without any change in the approved cost of Rs. 4.28 crore, as an eligible project or scheme for a further period of three years commencing with the financial year 2015-16 i.e 2015-16, 2016-17 & 2017-18.
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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 Rules	Now, in the 2026 Rules
Rule 11M	no counterpart recorded

From when

financial year 2015-16.

What to watch

The further period is financial years 2015-16, 2016-17 and 2017-18, continuous with the approval ending 2014-15.
The ceiling for the new period is Rs. 4.28 crore, the enhanced figure, and not the original Rs. 1.83 crore, so the correct ceiling depends on the year of payment.
The enhancement was made by a separate notification, S.O. 3830(E) dated 27 December 2013, and is not repeated here.

Where you meet it

In a donor's return claiming deduction under section 35AC and in the certificate issued by the Committee for the year of payment.

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. 3/2022 — Specifying forms returns statements reports orders by whatever name called prescribed in appendix ii to be furnished ele 16 July 2022
Notification No. 2/2019 [F. No. V. 27013/3/2018-SO(NAT.COM)]/SO 3122(E) — Ministry of Finance 28 August 2019
Notification No. 1/2019 [F. No. V. 27013/3/2018-SO(NAT.COM)] / SO 1706(E) — Ministry of Finance 8 May 2019
Notification No. S.O. 1706 [No. 1/2019 (F.No.V.27013/3/2018-SO(nat.com)] — Section 35AC of the Income-tax Act, 1961, read with rule 11G of the Income-tax Rules, 1962 - Eligible Projects or Scheme 8 May 2019
Notification No. 2/2018 [F.No.V.27013/3/2018-SO(NAT.COM)] SO 5160(E) — Ministry of Finance 5 October 2018
Notification No. 1/2018 [F.No.V.27013/3/2018-SO(NAT.COM)] / SO 1658(E) — MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 17th April, 2018 S.O 17 April 2018

← Notification No.239/2015 [F.No.V.27015/3/2015-SO(NAT.COM)] / SO 3049(E) · Notification No.237/2015 [F.No.V.27015/3/2015-SO(NAT.COM)] / SO 3047(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.