Scientific Research (Sec 35)

The organization Barasat Cancer Research & Welfare Centre, Kolkata 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), with effect from 1-4-2009 in the category of 'other Institution', partly engaged in research activities subject to the following conditions are fulfilled, namely:-

(a) The sums paid to the approved organization shall be utilized for scientific research;
(b) The approved organization shall carry out scientific research through its faculty members or its enrolled students;
(c) 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;
(d) The 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 fails in the following regards:-

(i) Fails to maintain separate books of account referred to in sub-paragraph (c) of paragraph 1; or
(ii) Fails to furnish its audit report referred to in sub-paragraph (c) of paragraph 1; or
(iii) fails to furnish its statement of the donations received and sums applied for scientific research referred to in sub paragraph (d) of paragraph 1; or
(iv) Ceases to carry on its research activities or its research activities are not found to be genuine; or
(v) 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 5E of the said Rules.


Notification No. - 27/2009(March 16,2009, C.B.D.T)

Income Tax (Ninth Amendments) Rules,2009

In Adherence of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:

(1) These rules may be called the Income-tax (9th Amendment) Rules, 2009.
(2) They shall come into force on the 1st day of April, 2009.

2. In the Income-tax Rules, 1962,

(a) in rule 12,-

(i) in sub-rule (1), for the words, figures and letters "on the 1st day of April, 2008", the words, figures and letters "on the 1st day of April, 2009" shall be substituted;

(ii) in sub-rule (5), for the words, figures and letters "on the 1st day of April, 2007", the words, figures and letters "on the1st day of April, 2008" shall be substituted;

(b) in Appendix- II, for Form ITR 1, Form ITR 2, Form ITR 3, From ITR 4, Form ITR 5, Form ITR 6, Form ITR 7, Form ITR 8, and ITR V, the following forms shall be substituted.

Notification No. - 32/2009 (C.B.D.T-March 27,2009)

Income - Tax (Tenth Amendment) Rules, 2009- Insertion Of Rule 17A

In Adherence of the powers conferred by section 295 read with section 44AB of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely : –

1. (1) These rules may be called the Income-tax (Tenth Amendment) Rules, 2009.
(2) They shall come into force on the date of their publication in the
Official Gazette.

2. In the Income-tax Rules, 1962, in Appendix II, in Form No. 3CD, after item 17
,the following shall be inserted, namely :–

“17A. Amount of interest inadmissible under section 23 of the Micro, Small
and Medium Enterprises Development Act, 2006.”

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