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Notifications
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Jurisdiction of Income Tax Authorities -Amendment in Notification No. S.O. 994(E) dated the 9th September, 2004
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Jurisdiction of transfer pricing authorities allocated by territorial area and taxpayer name ranges under amended notification.
Substitutes the Schedule to a prior notification to allocate jurisdiction for transfer pricing by listing designated Transfer Pricing Officers, their headquarters, territorial areas and the classes of taxpayers they will oversee, including geographic assignments and, for metropolitan areas, divisions by taxpayer name ranges, with subsequent notes recording later insertions, omissions and renumbering.
For the purpose of Section 35(1)(ii) - organization Nagri Eye Research Foundation, Ahmedabad has been approved
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Research approval under Section 35(1)(ii): donations valid only if used for scientific research and statutory audit/reporting.
Approval subjects the organization to conditions: donations must be used for scientific research performed by faculty or enrolled students; the institution must maintain books, obtain audit by a defined accountant, submit the auditor's report to the tax authority by the return due date, and provide a separate auditor certified statement of donations received and amounts applied for scientific research.
For the purpose of Section 35(1)(iii) - organization Matrivani Institute of Experimental Research and Education, Kolkata has been approved
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Section 35 approval requires research institutions to use funds for scientific research and comply with audit, reporting, and withdrawal rules.
Matrivani Institute of Experimental Research and Education, Kolkata is approved from 1 April 2004 as an other Institution partly engaged in research, provided it applies sums for scientific research, conducts research through faculty or enrolled students, maintains books of account and obtains an accountant's audit with the audit report filed by the return due date, and maintains a separately certified statement of donations received and amounts applied for scientific research; approval may be withdrawn for failures including nonmaintenance of books, nonfurnishing of audit or donation statements, cessation of genuine research, or noncompliance with governing rules.
For the purpose of Section 35(1)(iii) - organization Mudra Foundation for Communication, Research & Education, Ahmedabad has been approved
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Approval under section 35(1)(iii) conditions donations for social science research with audit and reporting obligations.
Mudra Foundation is approved under section 35(1)(iii) read with rules 5C and 5E as an 'other Institution' partly engaged in research from 1 April 2004, subject to conditions: use of receipts for social science research; conduct of research through faculty or enrolled students; maintenance and audit of books with submission of the auditor's report to the Commissioner/Director by the return due date; and a separate auditor-certified statement of donations and amounts applied to research. Approval may be withdrawn for specified failures or cessation of genuine research activities.
For the purpose of Section 35(1)(ii) - organization Maharashtra Medical Research Society, Pune has been approved
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Scientific research association approval - Maharashtra Medical Research Society recognized for tax benefits subject to audit and donation disclosure.
Maharashtra Medical Research Society, Pune is approved as a scientific research association effective 1.4.2003, subject to conditions: sole objective of undertaking scientific research carried out by the organization itself; maintenance of books of accounts; audit by a qualifying accountant with submission of the auditor's report by the return due date; and maintenance of a separate auditor-certified statement of donations and amounts applied for scientific research. Approval may be withdrawn for failures to comply or for non-genuine or ceased research activity.
Corrigendum
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Modification of rule reference: corrigendum amends notifications to read Rules 5C and 5E in specified paragraphs.
The corrigendum directs that the term Rules 5C and 5D in Paragraph 1 and Paragraph 2(e) of the listed notifications shall be read as Rules 5C and 5E, effecting a textual correction of rule references in those notifications without altering substantive criteria.
Section 10(23) of the Income-tax Act, 1961 - Exemptions - Sports associations/institutions - Notified "All India Football Federation, Cannanore, Kochi"
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Tax exemption recognition under Section 10(23) granted to All India Football Federation, subject to specified compliance conditions.
Notification recognizes the All India Football Federation, Cannanore, Kochi as exempt under Section 10(23) of the Income-tax Act for assessment years 1995-96 to 1997-98 subject to conditions: apply or accumulate income exclusively to objects, restrict investments to forms under Section 11(5) (except certain voluntary contributions in kind), exclude business income unless incidental with separate books, file returns regularly, and on dissolution transfer surplus and assets to a charitable organisation with similar objectives.
Section 120(1) and (2) of the Income-tax, 1961 - Jurisdiction of income-tax authorities
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TDS jurisdiction defined: Commissioners empowered to exercise and delegate deduction and collection functions and related powers.
Notification under section 120(1) and (2) delegates territorially defined TDS/TCS powers to specified Commissioners of Income tax, identifying their headquarters, territorial jurisdictions and classes of persons (individuals, non company business persons, companies, and other withholding/collecting agents). It authorises Commissioners to delegate these powers in writing to Joint Commissioners, and authorises those Joint Commissioners to delegate in writing to Assessing Officers. Certain provisions concerning international payments are excluded where assigned to the Director of Income tax (International Taxation).
Section 120 of the Income-tax Act, 1961 - Jurisdiction of income-tax authorities - Amendments in Notification No. SO 733(E), dated 31-7-2001
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Jurisdiction of income-tax authorities reorganised to reassign Commissioner and TDS Commissioner reporting and regional coverage.
Amendment to the administrative allocation of income-tax jurisdictions: the Central Board of Direct Taxes substitutes specified Schedule I entries to restate, for multiple Chief Commissioner headquarters, the designation and the list of subordinate Commissioner and Commissioner (TDS) offices, thereby redefining supervisory responsibility and geographic coverage for assessment, collection and TDS oversight.
Organisation Dr. Jivraj Mehta Smarak Health Foundation, Ahmedabad has been approved u/s. 35(1)(ii) of the Income tax Act, 1961
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Approval under section 35: conditions require research use of donations and audit compliance or approval may be withdrawn.
Approval under section 35(1)(ii) has been granted to Dr. Jivraj Mehta Smarak Health Foundation as an institution partly engaged in research, on condition that sums received are utilized for scientific research carried out by faculty or enrolled students, that books of account are maintained and audited by a qualified accountant, audit reports and a separate auditor certified statement of donations and research applications are filed with the tax authorities by the due date, and that failure to comply or cessation/non-genuineness of research will invite withdrawal of approval.
Organisation The Bombay Textile Research Association, Mumbai has been approved u/s. 35(1)(ii) of the Income tax Act, 1961
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Research Institution Approval: recognition under statutory provision requires utilization for scientific research and specified audit and reporting conditions.
The Bombay Textile Research Association is approved as an other Institution under section 35(1)(ii), effective from 1.4.1999, conditional on using received sums for scientific research conducted by faculty or enrolled students, maintaining audited books of account with the audit report filed by the income-tax return due date, and providing a separately certified statement of donations and amounts applied for research; the Central Government may withdraw approval for failures in these obligations or cessation of genuine research activity.
Organisation Manovikas Kendra Rehabilitation & Research Institute for the Handicapped (MRIH), Kolkata has been approved u/s. 35(1)(ii) of the Income tax Act, 1961
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Approval under section 35(1)(ii) enables payments to fund scientific research subject to conditions on use, audit and reporting.
Approval under section 35(1)(ii) recognizes MRIH as an other Institution partly engaged in scientific research from 1 April 2004, subject to conditions: sums received must be used for scientific research; research must be carried out by faculty or enrolled students; books of account must be maintained and audited by a qualified accountant with the audit report furnished by the income tax return due date; and a separate auditor certified statement of donations and amounts applied for research must accompany the audit report.
Organisation Schieffelin Leprosy Research and Training Centre, Karigiri, Distt. Vellore, Tamil Nadu has been approved u/s. 35(1)(ii) of the Income tax Act, 1961
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Approval under section 35(1)(ii): institution eligible for research linked tax recognition subject to audit and compliance.
Schieffelin Leprosy Research and Training Centre is approved as an other Institution partly engaged in scientific research under clause (ii) of sub section (1) of section 35, effective 1 April 2001, subject to utilisation of receipts for scientific research, conducting research through faculty or enrolled students, maintaining books and annual audit by a qualified accountant with timely submission of the audit report, and maintaining an auditor certified statement of donations and amounts applied to research; approval is withdrawable for failures to comply with these conditions or for cessation or non genuineness of research activity.
Organisation Centre for Economic and Social Studies, Hyderabad has been approved u/s. 35(1)(ii) of the Income tax Act, 1961
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Approval under section 35(1)(ii) conditions tax-deduction eligibility on audited accounts and donation accounting compliance.
Approval is granted to the Centre for Economic and Social Studies as an other Institution for research-related donations from 1 April 2001, subject to utilisation of sums for social science research, conduct of research by faculty or enrolled students, maintenance of books of account, audit by a qualified accountant with the audit report filed by the income-tax return due date, and a separately certified statement of donations and amounts applied to research accompanying the audit report.
Income-tax Welfare Fund Rules, 2007
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Welfare Fund governance establishes purposes, funding sources, administration and disbursement procedures for income tax department officials' welfare.
The Rules create an interest-bearing corpus-funded Welfare Fund for all income tax officials to finance welfare, contingency, medical and recreational initiatives; accretions from specified receipts and sanctioned rewards augment the corpus and interest and accretions are used for listed purposes. A Governing Body and an Executive Committee administer sponsorship, approval and disbursement of benefits, with accounting instructions, separate voucher maintenance, annual statutory audit by C&AG, and rule amendments subject to Board approval.
Income-tax (Ninth Amendment) Rules, 2007 - Amendments in rule 44C; substitution of rule 44CA and Form No. 34B; insertion of Form No. 34BA
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Settlement Commission procedure: applicants must notify the Assessing Officer and Commission must forward application materials accordingly.
The rules require the applicant to intimate the Assessing Officer on the date of filing by furnishing Form No. 34BA. The Settlement Commission must forward a copy of the application in Form No. 34B (excluding the Annexure and accompanying documents) with its order or intimation, and where an application is permitted to proceed, the Annexure and accompanying statements and documents must be sent to the Commissioner.
Notified Cost Inflation Index for financial year 2007-08
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Cost Inflation Index sets indexed cost computation for capital gains for the relevant financial year.
The Cost Inflation Index for financial year 2007-08 is specified as 551 under the Explanation to section 48 of the Income-tax Act, 1961. The notification inserts this entry into the existing Cost Inflation Index table for application in computing indexed cost under the capital-gains provisions.
Specified Bond u/s 2(48)
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Zero coupon bond designation confirms tax classification for specified PFC bonds, subject to compliance with rule conditions.
Specification designates a fifteen year zero coupon bond of Power Finance Corporation (PFC) as a zero coupon bond under clause 48 of section 2 of the Income tax Act, identifying its life, issuance deadline, fixed maturity amount per bond, discount to be determined by PFC, and authorised number of bonds, and making the specification conditional on fulfilment of certain sub rule conditions in the Income tax Rules governing eligibility and issuance.
Post Office (Monthly Income Accounts) (Amendment) Rules, 2007
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Post Office Monthly Income Accounts: limits raised to 4.5 lakh and 9 lakh; deposit limit increased to 1,500.
The notification amends the Post Office (Monthly Income Account) Rules, 1987 by substituting monetary figures: in rule 4, "three lakh" and "six lakh" are replaced by four lakh fifty thousand and nine lakh; and in rule 5(1) "one thousand", "three lakh" and "six lakh" are replaced by one thousand five hundred, four lakh fifty thousand and nine lakh, respectively; the amendments take effect on publication in the Official Gazette under Section 15 of the Government Savings Banks Act, 1873.
For the purpose of Section 80IA(4)(iii) - Industrial Part of M/s. Gopalan Enterprises (India) Private Limited, Bangalore notified
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Industrial park approval under tax law: sets eligibility, infrastructure and compliance requirements to claim tax benefits.
Notification declares M/s. Gopalan Enterprises (India) Private Limited's undertaking as an industrial park for purposes of clause (iii) of sub section (4) of section 80IA, listing location, allowed industrial activity (data processing and related services), allocable area percentages, minimum number of units, investment and infrastructure requirements, minimum infrastructure expenditure proportions, limits on single unit occupation, requirement for separate statutory approvals, continuation of operation by the developer while benefits are claimed, transfer intimation procedures, and grounds and consequences for invalidation or withdrawal of approval.

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