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Income-tax (Eighth Amendment) Rules, 2004
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Deduction for new convention centres requires prescribed facilities and audit compliance, affecting eligibility and tax deduction claims.
The rules prescribe eligibility and compliance conditions for claiming a deduction under section 80-IB for new convention centres, setting minimum plinth areas, seating capacities and required numbers of halls by town size, mandatory facilities (conference/seminar halls, auditoriums, exhibition halls, modern audio visual systems, air conditioned documentation centre with communications and office equipment, and parking) and conformity with local building, fire and safety regulations; they also require an auditor's report in Form No. 10CCBB and, in the first year, construction and completion approvals from municipal/town planning authorities.
Institution approved u/s. 35(1)(ii) - Manovikas Kendra Rehabilitation and Reasearch Institute for the Handicapped (MRIH), Calcutta
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Research exemption approval requires separate research accounts, annual DSIR return and submission of audited research accounts.
Approval under clause (ii) of section 35(1) is granted to Manovikas Kendra Rehabilitation and Research Institute for the Handicapped as an Institution, subject to maintaining separate books for research, filing an annual return of scientific research activities to the Secretary, DSIR by 31st May, and submitting by 31st October each year audited annual accounts and audited income & expenditure accounts for the research activities to the DGIT (Exemption), Secretary DSIR, and the Commissioner/Director of Income-tax (Exemptions), in addition to the income-tax return.
Institution approved u/s. 35(1)(ii) - The Foundation for Medical Reasearch, Worli, Mumbai
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Approval under section 35(1)(ii) research exemption: institution must maintain research accounts and meet annual reporting deadlines.
Approval under section 35(1)(ii) for The Foundation for Medical Research is conditional on maintaining separate books for research, filing an annual scientific research return with the Secretary, Department of Scientific & Industrial Research by 31 May each year, and submitting audited annual accounts and an audited Income & Expenditure Account for research activities to the Director General of Income Tax (Exemption), the Secretary, DSIR, and the Commissioner/Director of Income Tax (Exemptions) by 31 October each year, in addition to filing the return of income. The separate-books requirement is waived for entities categorized as "Association."
Exemption u/s 35AC - Centra Govt. had specified for Construction of new building to establish hospital at Gujarat by Sevasangh Sarvajanik Hospital Trust as an eligible project or scheme - Amendment in N. No. S.0. 901(E) dated the 20th September, 2001
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Exemption under Section 35AC: scheme specified for hospital construction and project cost ceiling increased accordingly.
Exemption under section 35AC is specified for the construction and operation of a hospital complex at Modasa by Sevasangh Sarvajanik Hospital Trust; the Central Government, following a recommendation under rule 11M(5), amends the earlier notification to increase the maximum allowable project cost while retaining the corpus fund component and confirms the scheme remains specified under the powers of sub-section (1) read with clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961.
Exemption u/s 35AC - Centra Govt. had specified for Running of Omayal Achi Community Health Centre at Arakambakkam by Mr. Omayal Achi Mr. Arunachalam Trust as an eligible project or scheme
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Exemption under section 35AC: project specified for extended eligibility by trust; corpus donations permitted only.
Central Government specified the Running of Omayal Achi Community Health Centre at Arakambakkam, executed by Mr. Omayal Achi Mr. Arunachalam Trust, as an eligible project under section 35AC for a further three years commencing in the financial year 2003-2004, following a National Committee recommendation under the Income-tax Rules; the Committee permitted the Trust to raise donations solely for a corpus fund.
Exemption u/s 35AC - Centra Govt. had specified for Construction of building/purchase of equipments, instruments, vehicle and running of Sant Ranchhoddasji Bapu Eye Hospital at Vansda, District Valsad, Gujarat by Dhanvantri, Shaker Falia as an eligible project or scheme
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Income tax exemption extended for designated social welfare project, preserving donor tax benefits and continued eligibility.
Central Government specified that expenditures on construction, equipment, vehicles and running of Sant Ranchhoddasji Bapu Eye Hospital at Vansda by Dhanvantri, Shaker Falia qualify as an eligible project for Income-tax exemption; after the National Committee found the project properly executed and recommended continuation under the Income-tax Rules, the Government issued a notification extending the project's eligibility for a further period commencing from the stated financial year, noting the estimated cost including a corpus fund.
Exemption u/s 35AC - Centra Govt. had specified for Medical Relief Project at Ahmedabad by Dardiono Rahat Fund as an eligible project or scheme - Amendment in N. No. S.O. 399(E) dated the 6th June, 1996
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Exemption under section 35AC: Medical relief project specified and project cost amended to maintain eligibility.
The Central Government, under the Explanation to section 35AC, specifies the Medical Relief Project at Ahmedabad by Dardiono Rahat Fund as an eligible scheme and amends the earlier notification to substitute the earlier maximum allowed project cost with a revised higher amount in the notification table following a recommendation of the National Committee for the Promotion of Social and Economic Welfare.
Exemption u/s 35AC - Central Govt. had specified for Running and maintenance of Sri Sathya Sai Institute of Higher Medical Sciences at Prasanthigarm (Andhra Pradesh) and Whitefield, Bangalore (Karnataka), by Shri Sathyasai Medical Trust as an eligible project or scheme
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Exemption under section 35AC extended for a charitable medical institute following regulatory recommendation and compliance.
The Central Government specifies the scheme of running and maintenance of Sri Sathya Sai Institute of Higher Medical Sciences by Shri Sathyasai Medical Trust as an eligible project under section 35AC, extending the prior three year specification for a further three years commencing with financial year 2004-2005, following a recommendation under sub rule (5) of rule 11M of the Income tax Rules that the project is properly executed.
Corrigendum to Notification No. S.O. 323(E) dated the 10th March, 2004
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Correction of notification wording replaces the term 'Special' with 'Serious' in the cited income-tax notification.
The corrigendum directs that the word "Special" in line 10 of Notification S.O. 323(E) dated 10 March 2004 be read as "Serious". Issued as Notification No. 134 of 2004 dated 8 April 2004 by the Ministry of Finance (Department of Revenue), Central Board of Direct Taxes, the instrument corrects the published wording in the Gazette entry for the cited notification.
Notified eligible project or scheme for the purposes of section 35AC, Explanation (b)
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Eligible project deduction under section 35AC approved, subject to beneficiary verification, recordkeeping and chartered accountant certification.
Approval is granted for specified institutions and their eligible projects for deduction under section 35AC, listing each project, its estimated cost and the maximum deductible amount. Some approvals impose conditions: display public notices that benefits to economically weaker sections are free, maintain complete beneficiary records, and file an annual Chartered Accountant certificate showing fifty per cent or more beneficiaries were from economically weaker sections and received full benefits free of cost. Approvals are time limited to the financial years specified in the Table.
The Central Govt. notified the "Srimadujjayini Saddharma Simhasaana Sri Taraiabalu Jagadguru Brihanmath, Sirigere, Karnataka" under section 10(23C)
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Income-tax exemption under section 10(23C): notified trust granted conditional exemption subject to application, investment and reporting requirements.
Notification under section 10(23C) notifies the Srimadujjayini Saddharma Simhasaana Sri Taraiabalu Jagadguru Brihanmath, Sirigere, Karnataka as eligible for income-tax exemption for specified assessment years, subject to conditions: apply or accumulate income wholly for its objects; restrict investments to modes specified in law (except certain voluntary contributions in jewellery or furniture); treat business income as non-exempt unless incidental with separate books; file income-tax returns regularly; and transfer surplus and assets to a charitable organisation with similar objectives on dissolution.
The Central Govt. notified the "Joint Plant Committee, Kolkata" under section 10(23C)
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Tax exemption under the income-tax charitable clause granted subject to application of income, investment restrictions, and compliance.
Notification grants tax-exempt recognition for Joint Plant Committee, Kolkata for assessment years 2002-2003 to 2004-2005 subject to conditions: apply or accumulate income wholly and exclusively to its objects; restrict investments to modes permitted for charitable property (except voluntary contributions held in kind); exclude business income unless incidental with separate books; file income-tax returns regularly; and on dissolution transfer surplus and assets to a charitable organisation with similar objectives.
The Central Govt. notified the "National Association for the Blind, India, Mumbai" under section 10(23C)
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Tax exemption under section 10(23C): notification grants status to National Association for the Blind subject to compliance conditions.
Notification grants the National Association for the Blind, India, Mumbai a tax exemption under section 10(23C) for assessment years 2002-2003 to 2004-2005, conditional on applying its income wholly and exclusively to its objects; restricting investments to forms specified in Section 11(5) (with limited treatment for voluntary contributions in kind); excluding business income except when incidental and separately accounted; regular income-tax return filing; and transferring surplus assets on dissolution to a similarly purposed charitable organisation.
The Central Govt. notified "Indian Institute of Management, Lucknow" under section 10(23C)
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Tax exemption recognition for an educational institute subject to income application, permitted investments, business accounting and dissolution transfer conditions.
Notification grants tax exempt status to Indian Institute of Management, Lucknow under the relevant clause for specified assessment years, conditioned on exclusive application or accumulation of income for its objects; permitted modes of investment or deposit only as specified (except certain voluntary contributions held as jewellery or furniture); exclusion of business income unless incidental and maintained in separate books; regular filing of income tax returns; and transfer of surplus and assets on dissolution to a charitable organisation with similar objectives.
Exemption u/s 35AC - Central Govt. had specified various institutions as an eligible project or scheme
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Exemption under section 35AC approves specified institutions' projects as eligible for deduction, subject to conditions and time limits.
The Central Government approved specified institutions and designated particular projects as eligible for deduction of project costs under section 35AC, listing each project's estimated cost and the maximum deductible amount, imposing compliance conditions (including public notices, maintenance of beneficiary records and annual chartered accountant certification of beneficiaries from economically weaker sections), and limiting each approval to prescribed financial years; certain approvals include corpus fund components and later substitutions amend specified amounts.
Income-tax (Seventh Amendment) Rules, 2004 - New Form of report for claiming deduction under section 10BA
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Deduction under section 10BA: mandatory accountant report in Form 56H now required to substantiate export claims.
A new rule requires an accountant's report in prescribed Form No. 56H to accompany returns for claims of the export-related deduction under section 10BA. The form mandates identification of the assessee and undertaking, certification of the deduction amount determined from sale proceeds in convertible foreign exchange, a statement of verification against accounts and records, and a declaration of the correctness of particulars set out in Annexure A, which lists detailed factual and compliance items necessary to substantiate the claim.
New Jurisdiction of CIBS OF KOLKATA & GWAHATI
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Jurisdiction assignment of CIBs clarifies territorial scope and information-collection powers over specified taxpayer classes.
Amendment under section 120 designates the territorial jurisdictions and classes of persons for Commissioner of Income-tax (CIB) Kolkata and Commissioner of Income-tax (CIB) Guwahati-specifying non-company residents with non-business income, non-company persons deriving business or professional income with principal place of business in the territorial areas, and companies with registered offices there-and confers on each Commissioner all powers and functions for collection of information regarding those persons; the notification is effective upon Gazette publication.
Amendments in notification no. S.O.733(E) dated 31st July, 2001
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Amendment to designation of income-tax authorities updates Guwahati Chief Commissioner jurisdiction effective on Gazette publication.
The Central Board of Direct Taxes, exercising powers under section 120 of the Income-tax Act, substitutes serial number 74 in Schedule-I of notification S.O. 733(E) to designate the Chief Commissioner of Income Tax, Guwahati (headquarters: Guwahati) and to list its jurisdictional Commissioners: Guwahati-I, Guwahati-II, Jorhat and (CIB) Guwahati. The amendment is effective from the date of publication in the Official Gazette.
The Central Govt. notified "Amalgamated Tamil Nadu Shares of Post War Services Reconstruction Fund and special Fund for Reconstruction and Rehabilitation of Ex-Servicemen, Chennai" under section 10(23C)
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Tax exemption for notified charitable fund under section 10(23C) granted subject to compliance conditions and filing obligations.
Notification under section 10(23C) grants exemption to the Amalgamated Tamil Nadu Shares of Post War Services Reconstruction Fund and Special Fund for Reconstruction and Rehabilitation of Ex-Servicemen, Chennai for assessment years 2001-2002 to 2003-2004, subject to conditions: apply or accumulate income exclusively for the objects; invest only in modes specified in subsection (5) of Section 11 (with specified exception for certain voluntary contributions); exclude business income unless incidental and separately accounted; file returns regularly; and transfer surplus on dissolution to a similar charitable organisation.
Specified the "Action for Food Production (AFPRO), New Delhi, registered under the Societies Registration Act, 1860 (21 of 1860)
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Entity specification under income tax law confirms AFPRO's recognition for purposes of the designated sub clause.
The Central Government specifies Action for Food Production (AFPRO), registered under the Societies Registration Act, 1860 and located at 25/1A Institutional Area, Pankha Road, New Delhi, for the purposes of the relevant sub-clause of the income-tax provision by Notification No. 124 of 2004 dated 26th March 2004, exercising the power conferred by that sub-clause.

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