Case law › Notifications › 2015 › Notification No.97/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 467(E)

Notification 11 February 2015

Notification No.97/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 467(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 - Lupin Human Welfare & Research Foundation, Mumbai

What this is

Notification No.97/2015 [F.No.V.27015/4/2014-SO(NAT.COM)] / SO 467(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 - Lupin Human Welfare & Research 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, amends notification S.O. 1462(E) dated 17 June 2008, read with S.O. 2408(E) dated 18 October 2011, so that in the Table against serial number 1, in column (4) relating to the maximum amount of cost to be allowed as deduction under section 35AC, "Rs. 125 crore" is substituted for "Rs. 34.09 crore". The project is the "Integrated Rural Development Programme" carried out by Lupin Human Welfare & Research Foundation, 159, C.S.T. Road, Kalina, Santacruz (East), Mumbai 400 098. The notification enhances cost only; the approval already runs, by S.O. 3880(E) dated 27 December 2013, for three years ending with financial year 2016-17.

Why it was issued

The project cost of Rs. 34.09 crore is likely to be amended to Rs. 125 crore, and the National Committee for Promotion of Social and Economic Welfare, 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 the enhancement.

Who it reaches

Lupin Human Welfare & Research Foundation, Kalina, Mumbai
donors funding the Integrated Rural Development Programme
assessing officers examining deduction claimed 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, READ WITH EXPLANATION (b) THERETO, OF THE INCOME-TAX ACT, 1961 - ELIGIBLE PROJECTS OR SCHEMES, EXPENDITURE ON - NOTIFIED ELIGIBLE PROJECTS OR SCHEMES - LUPIN HUMAN WELFARE & RESEARCH FOUNDATION, MUMBAI
NOTIFICATION NO.97/2015 [F.NO.V.27015/4/2014-SO(NAT.COM)]/SO 467(E), DATED 11-2-2015
Whereas by notification of the Government of India in the Ministry of Finance (Department of Revenue) number S.O. 1462(E) dated 17th June, 2008, 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 1,"Integrated Rural Development Programme" by "Lupin Human Welfare & Research Foundation, 159, C.S.T. Road, Kalina, Santacruz (East), Mumbai 400 098", as an eligible project or scheme for a period of three years beginning with financial year 2008-09; which was extended further vide notification number S.O. 2408(E) dated 18.10.2011 for a period of three years ending with financial year 2013-14 and which was extended vide notification number SO 3880 (E) dated 27.12.2013 for a further period of three years ending with financial year 2016-17;
And whereas vide notification number S.O. 2408(E) dated 18.10.2011, the estimated cost was enhanced from Rs. 14.35 crore to Rs.24.09 crore and vide notification number S.O. 3880 (E) dated 27.12.2013 the estimated cost was enhanced from Rs.24.09 crore to Rs.34.09 crore;
And whereas the project cost of Rs. 34.09 crore is likely to be amended as Rs. 125 crore;
And, whereas, the National Committee for the 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 enhancing the project cost from Rs.34.09 crore to Rs. 125 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), hereby amends the said notification number S.O.1462(E) dated the 17th June, 2008 (read with notification number S.O. 2408(E) dated 18.10.2011), to die following effect, namely: -
In the said notification, in the Table against serial number 1, 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. 34.09 crore" the letters, figures and word "Rs. 125 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 Rules	Now, in the 2026 Rules
Rule 11M	no counterpart recorded

From when

the date of the notification, 11 February 2015.

What to watch

No fresh period is granted; the approval in force is that under S.O. 3880(E) dated 27 December 2013, ending with financial year 2016-17.
The ceiling rises from Rs. 34.09 crore to Rs. 125 crore, the earlier steps having been Rs. 14.35 crore to Rs. 24.09 crore by S.O. 2408(E) dated 18 October 2011 and Rs. 24.09 crore to Rs. 34.09 crore by S.O. 3880(E) dated 27 December 2013.
The amendment is worked on S.O. 1462(E) read with S.O. 2408(E), so both must be seen together to read the Table as it now stands.

Where you meet it

In a donor's return claiming deduction under section 35AC and in the certificate issued by the Foundation, where the enhanced ceiling governs the aggregate that may be certified.

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.