Section 35(1)(ii) of the
Income-tax Act, 1961 - Scientific research expenditure - Approved scientific
research associations/institutions
Notification
No. 62/2009, dated 18-8-2009
It is hereby notified for general information
that the organization C.R. Rao
Advanced Institute of Mathematics, Statistics and Computer Science (AIMSCS),
Hyderabad 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 5D of the Income-tax Rules, 1962 (said Rules) from
Assessment year 2009-10 onwards in the category of 'scientific research
association' subject to the following conditions, namely:–
(i) The sole objective
of the approved 'scientific research association' shall be to undertake
scientific research;
(ii) The approved organization
shall carry out the scientific research activity by itself;
(iii) The approved organization shall
maintain books of account and 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 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 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 donations
received and amounts 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 35 of the said
Act read with rules 5C and 5D of the said Rules.
[F.No.
203/96/2008/ITA-II]