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Case lawNotifications2015 › Notification No.74/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 444(E)
Notification 11 February 2015

Notification No.74/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 444(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 - Association for Advancement and Rehabilitation of Handicapped (Aaroh), NEW Delhi

What this is

Notification No.74/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 444(E) was published on 11 February 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 - Association for Advancement and Rehabilitation of Handicapped (Aaroh), NEW Delhi.

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 project "Construction, equipment, furnishing of Navjyoti Centre for mentally handicapped" carried out by Association for Advancement and Rehabilitation of Handicapped (AAROH), 224, Vasant Enclave, New Delhi-110057. It notifies the project for a further period of three years commencing with financial year 2013-14, that is 2013-14, 2014-15 and 2015-16, while recording that as financial year 2013-14 has already lapsed no exemption shall be available for that year. It also amends S.O. 791(E) dated 18 September 1995 so that in the Table against serial number 9, in column (4), relating to the maximum cost to be allowed as deduction under section 35AC, "Rs. 51 lakh including corpus fund of Rs. 30 lakh" is substituted by "Rs. 1.20 crore plus a corpus fund of Rs. 1.20 crore".

Why it was issued

The project or scheme is likely to extend beyond eighteen years and its cost is likely to be amended from Rs. 51 lakh including a corpus fund of Rs. 30 lakh to Rs. 1.20 crore plus a corpus fund of Rs. 1.20 crore, and the National Committee for 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 - ASSOCIATION FOR ADVANCEMENT AND REHABILITATION OF HANDICAPPED (AAROH), NEW DELHI
NOTIFICATION NO.74/2015 [F.NO.V.27015/4/2014-SO(NAT.COM)]/SO 444(E), DATED 11-2-2015
Whereas by notification of the Government of India, in the Ministry of Finance (Department of Revenue) number S.O.791(E) dated the 18th September, 1995, issued under sub-section (1) read with clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961, the Central Government had notified at serial number 9, "Construction, equipment, furnishing of Navjyoti Centre for mentally handicapped" by "Association for Advancement and Rehabilitation of Handicapped (AAROH), 224, Vasant Enclave, New Delhi-110057", as an eligible project or scheme for a period of three year beginning with Assessment year 1996-1997; which was extended farther vide notification number S.O.683(E) dated the 11th August, 1998 for a period of three years beginning with assessment year 1999-2000; which was extended further vide notification number S.O.909(E) dated the 20th September, 2001 for a period of three years beginning with financial year 2002-2003; which was extended further vide notification number S.0.378(E) dated 23rd May, 2005 for a period of three years beginning with financial year 2004-2005; which was extended further vide notification number S.O. 1795(E) dated 23rd October, 2007 for a period of three years beginning with financial year 2007-08 and which was further extended vide notification number 865(E) dated 27-04-2011 for three years ending with financial year2012-13; '
And whereas the said project or scheme is likely to extend beyond eighteen years;
And whereas the project cost of Rs.51 lakh including corpus fund of Rs.30 lakh is likely to be amended as Rs.l .20 crore plus a corpus fund of Rs.l .20 crore;
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 farther 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. 51.00 lakh including corpus fund of Rs.30 lakh to Rs. 1.20 crore plus a corpus fund of Rs.l.20 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 35 AC of the Income-tax Act, 1961 (43 of 1961), (a) hereby notifies the scheme or project "Construction, equipment, furnishing of Navjyoti Centre for mentally handicapped" being carried out by "Association for Advancement and Rehabilitation of Handicapped (AAROH), 224, Vasant Enclave, New Delhi-110057", for a further period of three years commencing with the financial year 2013-14 i.e., financial year 2013-14, 2014-15 & 2015-16 Since the financial year 2013-14 has already lapsed it would be notified that no exemption shall be available for the said finance year 2013-14.; and
(b) further amends the said notification number S.O. 791(E) dated the 18th September, 1995, to the following effect, namely: -
In the said notification, in the Table against serial number 9, in column (4), relating to maximum cost to be allowed as deduction under section 35AC, for the letters, figures and word "Rs.51 lakh including corpus fund of Rs.30 lakh" the letters, figures and word " Rs . 1.20 crore plus a corpus fund of Rs.1.20 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 2013-14, retrospectively.

What to watch

Where you meet it

In a donor's return claiming deduction under section 35AC and in the certificate issued by the Association 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.

Under the old entry the whole ceiling was Rs. 51 lakh, of which Rs. 30 lakh was the corpus fund, leaving Rs. 21 lakh for the rest of the project. Under the substituted entry the project cost is Rs. 1.20 crore and the corpus fund is a further Rs. 1.20 crore, so the total that may be certified is Rs. 2.40 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.75/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 445(E)  ·  Notification No.73/2015 [F.No.V.27015/4/2015-SO(NAT.COM)] / SO 443(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.