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The Central Government notified the rational Children's Fund, 5, Siri Institutional Area, Hauz Khas, New Delhi under section 10(23C) (iv)
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Tax exemption for notified charitable fund requires exclusive application of income, permitted investments, separate books for incidental business.
Notification recognizes rational Children's Fund as eligible for exemption for assessment years 1993-1994 to 1995-1996 subject to conditions: the income must be applied or accumulated wholly and exclusively for the fund's objects; funds may be invested only in permitted forms; profits and gains of business are excluded unless business is incidental with separate books; the assessee must regularly file income-tax returns; and on dissolution surplus and assets must be given to a charitable organisation with similar objectives.
Approval of M/s Bharti Mobile Limited u/s 10(23G) of the Income tax Act, 1961
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Tax exemption approval under section 10(23G) granted to mobile infrastructure provider, subject to compliance and audit conditions.
Approval is granted to M/s Bharti Mobile Limited as an infrastructure undertaking for its cellular mobile projects, subject to compliance with the statutory provisions and rules on maintenance of books of account and audit; the Central Government may withdraw approval if the undertaking ceases infrastructure activity, fails to maintain or audit accounts, or fails to furnish the required audit report.
Exemption u/s 35AC - Central Govt. Approved various Institutions as an eligible project or scheme
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Exemption under section 35AC approves specified institutions' projects for tax-deduction eligibility with capped deductible costs.
Approval under Section 35AC is granted for specified non-profit institutions and their listed projects, with each Table entry identifying the approved project or scheme, an estimated project cost and the maximum amount of that cost allowable as a deduction. The notification prescribes the assessment years during which each project qualifies for the deduction and notes that some amounts include corpus funds; it fixes eligibility, monetary ceilings and temporal limits for tax-deduction claims for the listed projects.
For the purpose of Section 35(1)(ii) - organization M/s Amala Cancer Research Centre has been approved
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Research association approval - annual conditional reporting and audited accounts required to maintain tax exemption compliance
M/s Amala Cancer Research Centre is approved as an Association for purposes of clause (ii) of sub section (1) of section 35 of the Income tax Act, subject to maintaining separate research accounts, furnishing an annual scientific research return to the Secretary, Department of Scientific & Industrial Research by 31st May, and submitting audited annual accounts and audited Income & Expenditure Account for the research activities to designated tax and DSIR authorities by 31st October each year; renewal applications must be filed in triplicate through the tax authorities and directly to the Secretary, DSIR.
For the purpose of Section 35(1)(ii) - organization M/s Indian Cancer Society, Solapur has been approved
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Section 35(1)(ii) approval requires separate research accounts and annual audited submissions to tax and science authorities.
Approval is granted to M/s Indian Cancer Society, Solapur as an Institution for purposes of Section 35(1)(ii) for 1 April 2002 to 31 March 2005, subject to conditions: maintain separate research accounts; file an annual scientific research return to the Secretary, Department of Scientific & Industrial Research by 31 May; and submit audited annual accounts and audited income and expenditure accounts for research to the Director General of Income Tax (Exemptions), the Secretary, DSIR, and the Commissioner/Director of Income Tax (Exemptions) by 31 October, in addition to filing the return of income. Apply in triplicate for renewal through the Commissioner/Director and send three copies to the Secretary, DSIR.
For the purpose of Section 35(1)(ii) - organization M/s Indian Institute of Science has been approved
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Approval under Section 35(1)(ii) conditions research accounting, annual returns, audited submissions and renewal application obligations.
Approval is granted to M/s Indian Institute of Science under Section 35(1)(ii) as a "University" for the specified period, subject to maintaining separate research accounts, filing an annual return of scientific research activities to the Secretary, Department of Scientific & Industrial Research by 31 May, and submitting audited annual accounts and audited income and expenditure accounts for research activities to designated income-tax and scientific authorities by 31 October, in addition to filing the return of income. Renewal applications must be made in triplicate through the tax exemptions office and sent to the Secretary, Department of Scientific and Industrial Research.
For the purpose of Section 35(1)(ii) - organization M/s World Wide Fund for Nature - India has been approved
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Research exemption under Section 35(1)(ii) requires institutions to maintain separate accounts and file annual research returns.
M/s World Wide Fund for Nature - India is approved as an Institution under Section 35(1)(ii) for the notified period subject to conditions: maintain separate books for research activities; file an annual return of scientific research activities to the Secretary, Department of Scientific & Industrial Research by 31st May each year; and submit audited annual accounts and audited income & expenditure accounts for the research activities to the Director General of Income-tax (Exemptions), the Secretary, Department of Scientific & Industrial Research, and the relevant Commissioner/Director of Income-tax (Exemptions) by 31st October each year.
Provisions of the first proviso to Sub-section (1) of Section 139 shall not apply to the class of Pensioner persons
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Exemption for pensioners: first proviso to Section 139 does not apply where only pension income and no business activity occurred.
The Central Government specifies that the first proviso to Sub-section (1) of Section 139 does not apply to individuals who have income from pension and are not engaged in any business or profession during the previous year, thereby exempting this class of pensioner taxpayers from that proviso under authority of the second proviso to Sub-section (1).
Income-tax (6th Amendment), Rules, 2004
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Approval guidelines for eligible business set Form 56E application, document, audit and withdrawal procedures under tax rules.
Prescribes procedural guidelines for approval under clause (23G) of section 10: applications in Form No.56E must include corporate constitution evidence, approved project documentation and up to three years' financial statements (with a limited exception for recently formed enterprises). The Central Government may call for further documents or enquiries, must decide in writing and provide an opportunity of being heard before refusing approval. Approved enterprises must maintain books, obtain an accountant's audit and furnish the audit report to the Chief Commissioner by the return filing due date; specified defaults trigger reporting and may lead to withdrawal of approval after affording a hearing.
Scheme for Filing of Return by Salaried Employees through Employer, 2004
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Return filing through employer permitted, with employer's submission treated as the employee's filing under tax law.
The notification creates an optional Scheme permitting qualifying salaried resident individuals to have their returns filed by their employer: the employee verifies and signs Form No. 16AA and submits it to the employer by the due date; the employer files the return in Form No. 16AA with the Assessing Officer, obtains and distributes acknowledgements, and must file by the prescribed due date; the date of the employer's filing is treated as the date of furnishing the return by the employee.
Income-tax (5th Amendment) Rules, 2004
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TDS on salaries: new Form 16AA allows limited income resident salaried taxpayers to file return and obtain employer certificate.
The amendment adds a proviso allowing a resident individual whose total income comprises only salary and whose salary before section 16 deductions falls within a prescribed limited amount, and who has no other income subject to TDS by persons other than the employer, to elect to file the return in Form No. 16AA. A parallel proviso requires that the certificate of tax deduction in such cases be issued in Form No. 16AA; the form is inserted in Appendix II and combines the TDS certificate with the return, capturing salary particulars, deductions, tax computation and verification.
Income-tax (Fourth Amendment) Rules, 2004
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Collections under section 206C: specified goods categories and codes for TCS reporting in Form No.49B.
Amendment substitutes item 8 in Form No.49B of Appendix-II to the Income-tax Rules, 1962 to specify Tax Collection at Source (TCS) categories and corresponding internal codes for collections under section 206C, listing alcoholic liquor for human consumption, timber under lease, timber otherwise obtained, other forest produce (not timber), and scrap for Form No.49B reporting.
Income-tax (Third Amendment) Rules, 2004
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Certificate of no deduction of tax at source permits eligible charitable and approved institutions to receive payments without TDS.
A new rule allows eligible charitable, religious and specified approved institutions to apply to the Assessing Officer for a certificate authorizing receipt of income without deduction of tax at source, subject to conditions: all due returns filed, current approval for tax exemption, and submission of six monthly lists of deductors; the Assessing Officer may grant, cancel, or restrict the certificate based on satisfaction of conditions and protection of revenue, with certificates valid for the stated financial year.
Income-tax (Second Amendment) Rules
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Rebate under Chapter VIII-A reflected in revised Form 16 to adjust tax payable and TDS particulars.
The rules substitute items 13-19 in Form 16 to require itemised disclosure of rebates under Chapter VIII-A and other rebate categories, an aggregate rebate total, tax payable after rebate and surcharge, relief entries affecting tax computation, final tax payable, and the breakdown of tax credits showing tax deducted at source and tax paid by the employer on perquisites, producing a net tax payable or refundable. The amendment takes effect on publication in the Official Gazette.
Income-tax (First Amendment) Rules, 2004
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Concessional loan valuation ties taxable perquisite interest to State Bank of India annual lending rate as of relevant year start.
The amendment to Rule 3(7)(i) of the Income-tax Rules, 1962 prescribes that the deemed interest on a concessional loan to an employee or household member shall be determined as the interest computed at the rate charged per annum by the State Bank of India for loans for the same purpose as on the first day of the relevant previous year, replacing the prior wording referencing a fixed concessional/other loan rate.
For the purpose of Section 35(1)(ii) - organization M/s Iladevi Cataract & Infra Ocular Lens Research Centre has been approved
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Research exemption approval requires separate research accounts, annual DSIR return by May and audited submissions by October.
Approval under Section 35(1)(ii) has been granted to M/s Iladevi Cataract & Infra Ocular Lens Research Centre for the period 2.9.2000 to 31.3.2003, subject to conditions: maintain separate books for research; file annual scientific research return to the Secretary, DSIR by 31 May; and submit audited annual accounts and audited Income & Expenditure Account for research activities to DGIT(Exemptions), Secretary DSIR and Commissioner/Director of Income Tax (Exemptions) by 31 October, in addition to the return of income. Renewal applications must be filed in triplicate through the tax authority and copies sent to the Secretary, DSIR.
Section 120 of the Income-tax Act, 1961- Amendments in the Schedule - I at Serial No. 108
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Jurisdiction of Commissioner of Income-tax Pune-III clarified, prescribing territorial and class-wise allocation of assessment cases.
Substitution of Serial No. 108 designates the Commissioner of Income-tax, Pune-III and prescribes territorial boundaries within Maharashtra (named areas in Pune District and Satara District, excluding Pune-V areas). It classifies persons and cases by principal source of income and organizational form - differentiating non-company residents with non-business income, persons with business or professional income based in the territory, specified professions and salaried employees (including certain government employees and pensioners), and companies with registered offices in the specified areas - and allocates corresponding assessment cases to that Commissioner.
Notification u/s. 120 of the Income-tax Act, 1961 - Amendments in the Schedule - I at serial no. 190 and 193
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Territorial area amendment: deletion and insertion of a postal area entry under a tax notification, effective on publication.
The Central Board of Direct Taxes, exercising powers under section 120 of the Income-tax Act, deletes the territorial entry "600 037-OTA" at serial number 190, Schedule I, column 4, and inserts "600 037-Mogappair" into column 4 at serial number 193 between "600 034-Nugambakkam" and "600 038-ICF Colony"; the amendment takes effect from publication in the Official Gazette.
Section 120(2) of the Income-tax Act, 1961- Authorises the Chief Commissioner of Income-tax, Mumbai-IX
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Delegation of Assessment Powers: Chief Commissioner may authorise Assessing Officers to exercise tax functions concurrently.
Authorization under Section 120(2) permits the Chief Commissioner to issue written orders allowing subordinate Assessing Officers to exercise powers and perform functions under the Income-tax Act concurrently, with the notification taking effect upon publication in the Official Gazette.
Amendments in the Notification No. S.O. 733(E) dated the 31st July, 2001
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Income tax administrative reorganisation updates Mumbai Chief Commissioner jurisdictions through alteration of Schedule I entries.
The Central Board of Direct Taxes, exercising powers under section 120 of the Income-tax Act, issues Notification No. 3 of 2004 to amend Notification S.O. 733(E) by substituting entries for serial numbers 20 and 89 in Schedule I, thereby restating two Chief Commissioner designations based at Mumbai and specifying the Commissionerates that constitute each jurisdiction; the amendment takes effect from the date of publication in the Official Gazette.

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