290 : Notification: 290 Date of Issue: 18/12/2007

Notification: 290 Date of Issue: 18/12/2007

NOTIFICATION NO. 290/2007, DATED 18-12-2007

It is hereby notified for general information that the organization Birla Institute of Technology & Science, Pilani (Rajasthan) 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 1.4.1999 in the category of ‘University’, partly engaged in research activities, subject to the following conditions, namely:-

(i) The sums paid to the approved organization shall be utilized for scientific research;

The approved organization shall carry out scientific research through its faculty members or its enrolled students;

(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.

The Central Government shall withdraw the approval if the approved organization:-

1. fails to maintain books of accounts referred to in sub-paragraph (iii) of paragraph 1; or
2. fails to furnish its audit report referred to in sub-paragraph (iii) of paragraph 1; or
3. 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
4. ceases to carry on its research activities or its research activities are not found to be genuine; or
5. 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.

(F.No.203/83/2007/ITA-II)