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Case law › Notifications › 2019 › Notification No. 18/2019 [F.No.203/07/2018/ITA-II)
Notification 13 March 2019

Notification No. 18/2019 [F.No.203/07/2018/ITA-II)

(To BE Published in Part II, Sub-section (ii) of section 3 Extra-ordinary of the Gazette of INDIA)

What this is

Notification No. 18/2019 [F.No.203/07/2018/ITA-II) was published on 13 March 2019. Its subject is (To BE Published in Part II, Sub-section (ii) of section 3 Extra-ordinary of the Gazette of INDIA).

This is an approval of a named institution. It affects that institution and the people who deal with it; the years it covers are stated in it and are the whole of its reach.

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.3s.3
s.35s.45, s.66
s.139s.2, s.263, s.349
s.288s.515

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.

(TO BE PUBLISHED IN PART II, SUB-SECTION (ii) OF SECTION 3 EXTRA-ORDINARY OF THE GAZETTE OF INDIA)

Government of India
Ministry of Finance
(Department of Revenue)
(Central Board of Direct Taxes)
New Delhi, the 13th March, 2019

Notification

S.O. It is hereby notified for general information that the organization M/s Indian Institute of Science Education and Research, Bhopal (PAN:- AAAAI2511F) has been approved by the Central Government for the purpose of clause (ii) of sub-section (1) of section 35 of the Income-tax Act, 1961 (said Act), read with Rules 5C and 5E of the Income-tax Rules, 1962 (said Rules), from Assessment year 2018-2019 onwards in the category of 'University, College or other Institution', engaged in research activities, subject to the following conditions, namely:-

(i) The sums paid to the approved organization shall be used to undertake scientific research;

(ii) The approved organization shall carry out scientific research through its faculty members or enrolled students;

(iii) The approved organization shall maintain separate books of accounts in respect of the sums received by it for scientific research, reflect therein the amounts used for carrying out research, get such books audited by an accountant as defined in the explanation to sub-section (2) of section 288 of the said Act and furnish the report of such audit duly signed and verified by such accountant to the Commissioner of Income-tax or the Director of Income-tax having jurisdiction over the case, by the due date of furnishing the return of income under sub-section (1) of section 139 of the said Act;

(iv) The approved organization shall maintain a separate statement of donations received and amounts applied for scientific research, such donations shall be used exclusively for core scientific research and a copy of such statement duly certified by the auditor shall accompany the report of audit referred to above.

(v) The approved organization shall, by the due date of furnishing the return of income under sub-section (1) of section 139, furnish a statement to the Commissioner of Income-tax or Director of Income-tax containing-

• a detailed note on the research work undertaken by it during the previous year;

• a summary of research articles published in national or international journals during the year;

• any patent or other similar rights applied for or registered during the year;

• programme of research projects to be undertaken during the forthcoming year and the financial allocation for such programme.

2. The Central Government shall withdraw the approval if the approved organization:-

(a) fails to maintain separate books of accounts referred to in sub-paragraph (iii) of paragraph 1; or

(b) fails to furnish its audit report referred to in sub-paragraph (iii) of paragraph 1; or

(c) fails to furnish its statement of the donations received and sums applied for scientific research referred to in sub-paragraph (iv) of paragraph 1; or

(d) ceases to carry on its research activities or its research activities are not found to be genuine; or

(e) ceases to conform to and comply with the provisions of clause (ii) of sub-section (1) of section 35 of the said Act read with rules 5C and 5E of the said Rules.

Notification No. 18/2019
(F.No.203/07/2018/ITA-II)

To
The Manager,
Govt. of India Press,
Mayapuri, New Delhi

Copy forwarded to:

(Rajaraj Rao, R.)
Under Secretary to Government of India

1. The applicant organization, M/s Indian Institute of Science Education and Research, Bhopal.
2. CCIT (E), New Delhi
3. CIT (E), Bhopal
4. Web Manager, New Delhi, for placing on the website incometaxindia.gov.in
5. ITCC, CBDT (4 copies)
6. Concerned file
7. Guard file

Under Secretary to Government of India

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. 22 /2019 [F. No. 300196/14/2019-ITA-I ] / SO 1372(E)  ·  Notification No. 19/2019 [F. No.187/2/2019-ITA-I] / SO 1360(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.