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Case lawNotifications2015 › Notification No. 278/2015 [F.No.V.27015/4/2015-SO (NAT.COM)] /SO 3452(E)
Notification 17 December 2015

Notification No. 278/2015 [F.No.V.27015/4/2015-SO (NAT.COM)] /SO 3452(E)

New Delhi, the 17th December, 2015

What this is

Notification No. 278/2015 [F.No.V.27015/4/2015-SO (NAT.COM)] /SO 3452(E) was published on 17 December 2015. Its subject is New Delhi, the 17th December, 2015.

What it does

In exercise of the power under sub-section (1) read with clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961, the Central Government amends its notification S.O. 2033(E) dated 6 August 2009 in respect of the "Sevalaya old age home project" carried out by Sevalaya, Kasuva Village, Pakkam Post, near Thiruninravur. In the Table against serial number 9, in column (4), which states the maximum amount of cost to be allowed as deduction under section 35AC, the existing figure of Rs. 1.15 crore, comprising a corpus of Rs. 95 lakh and running expenditure, is substituted by Rs. 3.00 crore including a corpus of Rs. 95 lakh. The recitals record that the project was first notified for three years from financial year 2009-10 and was extended in 2011 and again in 2015 up to financial year 2017-18.

Why it was issued

The National Committee for 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 amending the project cost.

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 department publishes this one only as a PDF, so the words below were read out of that PDF by machine. That reading can carry its own mistakes — a misread number, a broken line. Check the signed document before you rely on a figure in it.

NOTIFICATION
New Delhi, the 17th December, 2015
S.O. 3452(E).—Whereas by notification of the Government of India, in the Ministry of Finance (Department of Revenue) number S.O. 2033(E) dated 6th August, 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 9, "Sevalaya old age home project" by "Sevalaya, Sevalaya Campus, Kasuva Village, Pakkam Post, Near Thiruninravur-602024", 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. 2897(E) dated 27th December, 2011 for a period of three years ending with financial year 2014-15 and which was extended further vide notification number S.O. 1981(E) dated 20th July 2015 for a period of three years ending with financial year 2017-18;
And whereas the project cost is likely to enhance from Rs. 1.15 crore includes a corpus of Rs. 95 lakh and Rs. 19.86 lakh running expenditure to Rs. 3.00 crore including a corpus of Rs. 95 lakh;
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 amending the project cost from Rs. 1.15 crore includes a corpus of Rs. 95 lakh and Rs. 19.86 lakh running expenditure to Rs. 3.00 crore including a corpus of Rs. 95 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 notifies the scheme or project "Sevalaya old age home project" which is being carried out by "Sevalaya, Sevalaya Campus, Kasuva Village, Pakkam Post, Near Thiruninravur-602024", further amends the said notification number S.O. 2033(E) dated 6th August, 2009, to the following effect, namely:-
In the said notification, in the Table against serial number 9, in column (4), relating to maximum amount of cost to be allowed as deduction under Section of 35AC of Income Tax Act, 1961 for the letters, figures and word "Rs. 1.15 crore includes a corpus of Rs. 95 lakh and Rs. 19.86 lakh running expenditure" the letters, figures and word "Rs. 3.00 crore including a corpus of Rs. 95 lakh" shall be substituted.
[No. 278/2015 / F. No. V. 27015/4/2015-SO (NAT.COM)]
MAKKHAN LAL MEENA, Dy. Secy. (National Committee)

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

17 December 2015.

What to watch

Where you meet it

In a donor's claim to deduction under section 35AC for a donation to this project, and in the certificate issued by the trust against the approved cost.

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 giving to the Sevalaya old age home project after this notification may be covered up to the revised ceiling of Rs. 3.00 crore for the project as a whole, of which Rs. 95 lakh remains earmarked as corpus, in place of the earlier ceiling of Rs. 1.15 crore. The ceiling is on the project cost eligible for deduction, so the aggregate of donations certified by the trust cannot exceed it.

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. 277/2015 [F.No.V.27015/4/2015-SO (NAT.COM)] /SO 3451(E)  ·  Notification No. 279/2015 [F.No.V.27015/4/2015-SO (NAT.COM)] /SO 3453(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.