TaxTMI 
TaxTMI 
Income-tax (Eighteenth Amendment), Rules, 1998
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....tion, existing solely for educational purposes and not for purposes of profit, shall be one crore rupees. (2) For the purposes of sub-clause (iiiae) of clause (23C) of section 10, the amount of annual receipts on or after the 1st day of April, 1998, of any hospital or other institution for the reception and treatment of persons suffering from illness or mental defectiveness or for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation, existing solely for philanthropic purposes and not for purposes of profit, shall be one crore rupees."; (b) after rule 2C, the following rule shall be inserted, namely:- "2CA. Guidelines for approval under sub-clauses (vi) and (via) of clause (23C) of section 10. - (1) The prescribed authority under sub-clauses (vi) and (via) of clause (23C) of section 10 shall be the Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963) to whom the application shall be made as provided in sub-rule (2). (2) An application for approval shall be made in Form No. 56D by any university or other educational institution or any hospital or other medica....
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....shall pass an order in writing while granting approval or refusing approval to the enterprise : Provided that no order refusing the approval shall be passed unless an opportunity of being heard has been given to the enterprise. (6) The approval of the Central Government under sub-rule (5) shall at any one time have effect for a period not exceeding three assessment years. (7) Every enterprise approved under sub-rule (5) shall maintain books of account and get such books audited by an accountant, as defined in Explanation to sub-section (2) of section 288 and furnish the report of such audit duly signed and verified by such accountant to the Central Government before the due date of filing of the return under sub-section (1) of section 139. (8) The Central Government shall withdraw the approval granted under sub-rule (5) if the enterprise -- (a) ceases to carry on infrastructure facility; or (b) fails to maintain books of account and get such accounts audited by an accountant as required by sub-rule (7); or (c) fails to furnish the audit report as required by sub-rule (7). Explanation:- For the purposes of this rule, - (a) the expression "enterprise" means....
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....urisdiction and the last income returned and assessed with permanent account number/GIR number. (ii) Is the income exempt under section 11 ? (iii) Is any recovery of tax, etc., outstanding against the university or other educational institution or hospital or other medical institution referred to in serial number 1 ? (iv) Whether any penalties have been initiated/levied? 10. Total income including voluntary contributions, if any, of the university or other educational institution or hospital or other medical institution referred to in serial number 1 for the previous year relevant to the assessment year for or from which the exemption is sought. 11. Amount of income referred to above that has been or deemed to have been utilised wholly and exclusively for the objects of the university or other educational institution or hospital or other medical institution referred to in serial number 1 (income deemed to have been utilised shall have the meaning assigned to it in sub-sections (1) and (1A) of section 11). 12. Amount accumulated for the objects mentioned in column 3 above. 13. (i) Details of modes in which the funds of the university or other e....
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....ough the Commissioner of Income-tax having jurisdiction over the university or other educational institution or hospital or other medical institution referred to in serial number 1 of this Form. Four copies of the application form along with the enclosures should be sent. 2. Copies of the following documents should be annexed:- (i) Deed of trust/memorandum and articles of association/other documents evidencing legal status of the enterprise; (ii) a list of major office bearers including settlor/members of the Governing body; (iii) a photocopy of the latest certificate under section 80G issued by the Commissioner of Income-tax, if any; (iv) true copies of the assessment orders passed for the last three years, if any; (v) photocopy of communication from the Commissioner of Income-tax with reference to the application of the trust/institution for a registration under section 12A, if any. 3. The applicant shall furnish any other documents or information as required by the Central Board of Direct Taxes or any authority authorised by the Central Board of Direct Taxes. FORM NO. 56E [See rule 2E] Application for approval under ....