NOTIFICATION NO. 78/2007, DATED 26-3-2007

In exercise of powers conferred by the sub-clause (iv ) of the clause (23C) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies that any income received by any person on behalf of “Armed Forces Flag Day Fund, Kendriya Sainik Board, Ministry of Defence, West Block, 4, R.K. Puram, New Delhi” (hereinafter the “Institution”) shall not be included in the total income of such person subject to the following conditions, namely:-

a.  the Institution will apply its income, or accumulate for application, wholly and exclusively to the objects for which it is established and in a case where more than fifteen per cent of its income  is accumulated   on or after  the  1st day  of April, 2002, the period of the accumulation  of the amount  exceeding  fifteen per cent  of its income  shall in no case exceed five years;

b. the Institution will not invest or deposit its fund (other than voluntary contributions received and maintained in the form  of jewellery, furniture, etc.) for any period  during the  previous years relevant to the assessment years mentioned above otherwise than in any one or more of the forms or modes specified in sub-section (5) of the section 11;

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c. this notification will not apply in relation to any income being profits and gains of business, unless the business is incidental to the attainment of the objectives of the Institution and separate books of account are maintained in respect of such business;

d. the Institution will regularly file its return of income before the Income-tax  authority  in accordance with the provisions of the Income-tax Act, 1961;

e. that in the event of dissolution of the Institution, its surplus and the assets will be given to an organization with similar objectives.

f. the Institute will get its accounts audited by an accountant as defined in Explanation below sub-section (2) of section 288 and furnish along with the return of Income. The report of such audit in the prescribed form duly signed and verified by such accountant and setting forth such particulars as may be prescribed.

2. This notification is applicable only to the recipients of income on behalf of the Institution and not to any other receipt or income of such recipients.  Taxability or, otherwise of the income of the Institution would be separately considered as per the provisions of the Income-tax Act, 1961.

3. This notification is applicable for assessment year 1999-2000 and onwards.

4. The above notification is liable to be rescinded by the Central Government, if it is subsequently found that the activities of the Institution are not genuine or if they are not carried out in accordance with all or any of the conditions subject to which it was notified.

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Category : Income Tax (25154)
Type : Notifications (15277) Notifications/Circulars (30302)

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