Section
35(1)(ii) of the Income-Tax Act, 1961 - Scientific Research Expenditure -
Approved Scientific Research Associations /Institutions- The Institute of
Research & Development under Gujarat Forensic Sciences University, Gandhi
Nagar
Notification No.
33/2013, [F. NO. 203/23/2012/ITA-II],
dated 29-04-2013
It is hereby
notified for general information that "The Institute of Research &
Development" under Gujarat Forensic Sciences University, Gandhi Nagar,
(PAN-AAALG1981A) 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 01-04-2011 onwards in the category of 'University, College or Other
Institution', subject to the following conditions, namely:-
(i) The sums paid to the approved
organization shall be utilized for scientific research;
(ii) The approved organization
shall carry out scientific research through its faculty members or its enrolled
students;
(iii) The approved organization
shall maintain separate books of account 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 in respect of concerned Departments and a copy of such
statement duly certified by the auditor shall accompany the report of audit
referred to above.
2. The Central
Government shall withdraw the approval if the approved organization:-
(a) fails to maintain separate
books of account 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 135 of the
said Act, read with rules 5C and 5E of the said Rules.
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