Section 35(1)(ii) of the Income-tax Act, 1961 – Scientific research expenditure – Approved scientific research associations/institutions
Notification No. 76, dated 5-10-2009
It is hereby notified for general information that the organization Talwar Research Foundation, New Delhi 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 2004-05 onwards in the category of ‘other institution’ 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 accounts 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:-
fails to maintain books of accounts referred to in subparagraph (iii) of paragraph 1; or
fails to furnish its audit report referred to in sub-paragraph (iii) of paragraph 1; or
fails to furnish its statement of donations received and amounts applied for scientific research referred to in sub-paragraph (iv) of paragraph 1; or
ceases to carry on its research activities or its research activities are not found to be genuine; or
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.