Case law › Notifications › 2015 › Notification No.76/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 446(E)

Notification 11 February 2015

Notification No.76/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 446(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 - Hinduja Foundation, Mumbai

What this is

Notification No.76/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 446(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 - Hinduja Foundation, Mumbai.

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 "Medical Mobile Unit Project" carried out by Hinduja Foundation, Hinduja House, 171, Dr. Annie Besant Road, Worli, Mumbai 400 018. It notifies the project for a further period of three years commencing with financial year 2014-15, that is 2014-15, 2015-16 and 2016-17. It also amends S.O. 1370(E) dated 14 June 2011 so that in the Table against serial number 9, in column (4), relating to the maximum amount of cost to be allowed as deduction under section 35AC, "Rs. 3.90 crore" is substituted by "Rs. 8.05 crore". The project was originally notified at that serial number at an estimated cost of Rs. 3.90 crore for three years ending with financial year 2013-14.

Why it was issued

The project or scheme is likely to extend beyond three years and its cost is likely to rise from Rs. 3.90 crore to Rs. 8.05 crore, and the National Committee for Promotion of Social and Economic Welfare, satisfied that it is being executed properly, recommended both the further period and the amendment of cost under sub-rule (5) of rule 11M of the Income-tax Rules, 1962.

Who it reaches

Hinduja Foundation, Mumbai
donors funding the mobile medical unit
assessing officers applying the revised ceiling on deduction

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, READ WITH EXPLANATION (b) THERETO, OF THE INCOME-TAX ACT, 1961 - ELIGIBLE PROJECTS OR SCHEMES, EXPENDITURE ON - NOTIFIED ELIGIBLE PROJECTS OR SCHEMES - HINDUJA FOUNDATION, MUMBAI
NOTIFICATION NO.76/2015 [F.NO.V.27015/4/2014-SO(NAT.COM)]/SO 446(E), DATED 11-2-2015
Whereas by notification of the Government of India in the Ministry of Finance (Department of Revenue) number S.O. 1370(E) dated 14/6/2011 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 9, "Medical Mobile Unit Project" by "Hinduja Foundation, Hinduja House, 171, Dr. Annie Besant Road, Worli, Mumbai 400 018", as an eligible project or scheme, at the estimated cost of Rs. 3.90 crore for a period of three years ending with financial year 2013-14;
And whereas the said project or scheme is likely to extend beyond 3 years;
And whereas the project cost is likely to enhance from 'Rs. 3.90 crore to Rs. 8.05 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 further recommendation under sub-rule (5) of rule 11M of the Income-tax Rules, 1962 for specifying the said project or scheme for a further period of three years and amending the project cost from 'Rs. 3.90 crore to Rs. 8.05 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 "Medical Mobile Unit Project", which is being carried out by "Hinduja Foundation, Hinduja House, 171, Dr. Annie Besant Road, Worli, Mumbai 400 018", for a further period of three years commencing with financial year 2014-15, i.e., 2014-15, 2015-16 and 2016-17; and
(b) further amends the said notification number S.O. 1370(E) dated 14/6/2011, 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. 3.90 crore' the letters, figures and word 'Rs. 8.05 crore' shall be substituted.
■■

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 2014-15.

What to watch

The further period is financial years 2014-15, 2015-16 and 2016-17, notified on 11 February 2015, after the first of those years had begun.
The ceiling on deduction under section 35AC rises from Rs. 3.90 crore to Rs. 8.05 crore by substitution in column (4) against serial number 9 of S.O. 1370(E).
The enhancement is made by amending the parent notification, so the higher figure governs the entry as a whole and not merely the new three-year period.

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 donating Rs. 2 crore to the Medical Mobile Unit Project in financial year 2015-16 can be certified within the enhanced ceiling, the aggregate allowable against the project now being Rs. 8.05 crore rather than Rs. 3.90 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. 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.77/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 447(E) · Notification No.75/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 445(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.