Income Tax Act, 1961
Section 12: The proviso added by Act 11 of 1983, s. 39 (w.e.f. 11984).
12. The proviso added by Act 11 of 1983, s. 39 (w.e.f. 11984).
351
(iii) the institution or fund is not expressed to be for the benefit of any particular religious
community or caste;
(iv) the institution or fund maintains regular accounts of its receipts and expenditure; 1***
(v) the institution or fund is either constituted as a public charitable trust or is
registered under the Societies Registration Act, 1860 (21 of 1860), or under any law corresponding to
that Act in force in any part of India or under section 25 of the Companies Act, 1956 (1 of 1956), or is
a University established by law, or is any other educational institution recognised by the Government
or by a University established by law, or affiliated to any University established by law, 2*** or is an
institution financed wholly or in part by the Government or a local authority; 3***
4[(vi) in relation to donations made after the 31st day of March, 1992, the institution or fund is for
the time being approved by the Commissioner in accordance with the rules 5[made in this behalf;
and]]
6* * * * *
7[(vii) where any institution or fund had been approved under clause (vi) for the previous year
beginning on the 1st day of April, 2007 and ending on the 31st day of March, 2008, such institution
or fund shall, for the purposes of this section and notwithstanding anything contained in the proviso
to clause (15) of section 2, be deemed to have been,—
(a) established for charitable purposes for the previous year beginning on the 1st day of April,
2008 and ending on the 31st day of March, 2009; and
(b) approved under the said clause (vi) for the previous year beginning on the 1st day of
April, 2008 and ending on the 31st day of March, 2009.]
8[(5A) Where a deduction under this section is claimed and allowed for any assessment year in respect
of any sum specified in sub-section (2), the sum in respect of which deduction is so allowed shall not
qualify for deduction under any other provision of this Act for the same or any other assessment year.]
9[(5B) Notwithstanding anything contained in clause (ii) of sub-section (5) and Explanation 3, an
institution or fund which incurs expenditure, during any previous year, which is of a religious nature for
an amount not exceeding five per cent of its total income in that previous year shall be deemed to be an
institution or fund to which the provisions of this section apply.]
10[(5C) 11[This section] applies in relation to amounts referred to in clause (d) of sub-section (2) only
if the trust or institution or fund is established in India for a charitable purpose and it fulfils the following
conditions, namely :—
(i) it is approved in terms of clause (vi) of sub-section (5);
(ii) it maintains separate accounts of income and expenditure for providing relief to the victims of
earthquake in Gujarat;
(iii) the donations made to the trust or institution or fund are applied only for providing relief to
the earthquake victims of Gujarat 12[on or before the 31st day of March, 13[2004]];
the institution or fund is not expressed to be for the benefit of any particular religious
community or caste;
the institution or fund maintains regular accounts of its receipts and expenditure; 1***
the institution or fund is either constituted as a public charitable trust or is
registered under the Societies Registration Act, 1860 (21 of 1860), or under any law corresponding to
that Act in force in any part of India or under section 25 of the Companies Act, 1956 (1 of 1956), or is
a University established by law, or is any other educational institution recognised by the Government
or by a University established by law, or affiliated to any University established by law, 2*** or is an
institution financed wholly or in part by the Government or a local authority; 3***
4[
in relation to donations made after the 31st day of March, 1992, the institution or fund is for
the time being approved by the Commissioner in accordance with the rules 5[made in this behalf;
and]]
6* * * * *
7[
where any institution or fund had been approved under clause
for the previous year
beginning on the 1st day of April, 2007 and ending on the 31st day of March, 2008, such institution
or fund shall, for the purposes of this section and notwithstanding anything contained in the proviso
to clause
of section 2, be deemed to have been,—
established for charitable purposes for the previous year beginning on the 1st day of April,
2008 and ending on the 31st day of March, 2009; and
approved under the said clause
for the previous year beginning on the 1st day of
April, 2008 and ending on the 31st day of March, 2009.]
8[
Where a deduction under this section is claimed and allowed for any assessment year in respect
of any sum specified in sub-section
Notwithstanding anything contained in clause
of sub-section
and Explanation 3, an
institution or fund which incurs expenditure, during any previous year, which is of a religious nature for
an amount not exceeding five per cent of its total income in that previous year shall be deemed to be an
institution or fund to which the provisions of this section apply.]
10[
11[This section] applies in relation to amounts referred to in clause
of sub-section
only
if the trust or institution or fund is established in India for a charitable purpose and it fulfils the following
conditions, namely :—
it is approved in terms of clause
of sub-section
it maintains separate accounts of income and expenditure for providing relief to the victims of
earthquake in Gujarat;
the donations made to the trust or institution or fund are applied only for providing relief to
the earthquake victims of Gujarat 12[on or before the 31st day of March, 13[2004]];