Case law › Notifications › 2015 › Notification No.242/2015 [F.No.V.27015/3/2015-SO(NAT.COM)] / SO 3052(E)

Notification 10 November 2015

Notification No.242/2015 [F.No.V.27015/3/2015-SO(NAT.COM)] / SO 3052(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.242/2015 [F.No.V.27015/3/2015-SO(NAT.COM)] / SO 3052(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 "Livelihoods enhancement of Hardcore Rural and Poor" carried out by Population and Social Development, 10, Kabi Jassmuddin Path, City Centre, Durgapur - 713216, West Bengal, as an eligible project for a further period of three years commencing with financial year 2013-14, that is 2013-14, 2014-15 and 2015-16, without any change in the approved cost of Rs. 20.58 crore including a corpus fund of Rs. 9.00 crore. It records that as financial years 2013-14 and 2014-15 have already lapsed, no certificate under section 35AC will be issued for those years. The project stood notified at serial number 11 of S.O. 2349(E) dated 28 September 2010 for three years beginning with financial year 2010-11, the cost having been raised from Rs. 9.00 crore to Rs. 20.58 crore by S.O. 483(E) dated 12 March 2013.

Why it was issued

The project was likely to extend beyond three years and the National Committee for Promotion of Social and Economic Welfare, satisfied that it was being executed properly, recommended a further period of three years under sub-rule (5) of rule 11M of the Income-tax Rules, 1962.

Who it reaches

Population and Social Development, Durgapur
donors funding the livelihoods project and contributing to its corpus
assessing officers verifying the approved period and cost

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 3052(E) [NO.242/2015 (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. 2349(E) dated 28th September, 2010, 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 11, "Livelihoods enhancement of Hardcore Rural & Poor" by "Population & Social Development, 10, Kabi Jassmuddin Path, City Centre, Durgapur-713216, West Bengal", as an eligible project or scheme for a period of three years beginning with financial year 2010-11;
And whereas by notification number S.O.483(E) dated the 12.03.2013 the estimated cost was enhanced from Rs. 9.00 crore to Rs. 20.58 crore including a corpus fund of Rs. 9.00 crore.
And whereas the said project or scheme is likely to extend beyond 3 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 "Livelihoods enhancement of Hardcore Rural & Poor", which is being carried out by "Population & Social Development, 10, Kabi Jassmuddin Path, City Centre, Durgapur-713216, West Bengal", without any change in the approved cost of 20.58 crore including a corpus fund of Rs. 9.00 crore, for a further period of three years commencing with financial year 2013-14, i.e., 2013-14 ,2014-15 & 2015-16. Since the financial years 2013-14 and 2014-15 have already lapsed, no certificate under section 35AC of the IT Act, 1961 would be issued for the financial years 2013-14 and 2014-15;
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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 2013-14, retrospectively.

What to watch

The extension is backdated to financial year 2013-14 and runs only to 2015-16, so it is already in its last year when notified.
No certificate under section 35AC will be issued for financial years 2013-14 and 2014-15, leaving only 2015-16 as a year in which a donation can be certified.
The approved cost stays at Rs. 20.58 crore, of which Rs. 9.00 crore is the corpus fund component.

Where you meet it

In a donor's return claiming deduction under section 35AC, where the certificate for the year of payment must be produced.

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

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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.