Income Tax Act, 1961
Section 9: The proviso omitted by Act 20 of 2002, s. 4 (w.e.f. 12002).
9. The proviso omitted by Act 20 of 2002, s. 4 (w.e.f. 12002).
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1[Provided also that where the fund or trust or institution or any university or other educational
institution or any hospital or other medical institution referred to in sub-clause (iv) or sub-clause (v)
or sub-clause (vi) or sub-clause (via) does not apply its income during the year of receipt and
accumulates it, any payment or credit out of such accumulation to any trust or institution registered
under section 12AA or to any fund or trust or institution or any university or other educational
institution or any hospital or other medical institution referred to in sub-clause (iv) or sub-clause (v)
or sub-clause (vi) or sub-clause (via) shall not be treated as application of income to the objects for
which such fund or trust or institution or university or educational institution or hospital or other
medical institution, as the case may be, is established:
Provided also that where the fund or institution referred to in sub-clause (iv) or trust or institution
referred to in sub-clause (v) is notified by the Central Government 2[or is approved by the prescribed
authority, as the case may be,] or any university or other educational institution referred to in subclause (vi) or any hospital or other medical institution referred to in sub-clause (via), is approved by
the prescribed authority and subsequently that Government or the prescribed authority is satisfied
that—
(i) such fund or institution or trust or any university or other educational institution or any
hospital or other medical institution has not—
(A) applied its income in accordance with the provisions contained in clause (a) of the
third proviso; or
(B) invested or deposited its funds in accordance with the provisions contained in clause
(b) of the third proviso; or
(ii) the activities of such fund or institution or trust or any university or other educational
institution or any hospital or other medical institution—
(A) are not genuine; or
(B) are not being carried out in accordance with all or any of the conditions subject to
which it was notified or approved,
it may, at any time after giving a reasonable opportunity of showing cause against the proposed action
to the concerned fund or institution or trust or any university or other educational institution or any
hospital or other medical institution, rescind the notification or, by order, withdraw the approval, as
the case may be, and forward a copy of the order rescinding the notification or withdrawing the
approval to such fund or institution or trust or any university or other educational institution or any
hospital or other medical institution and to the Assessing Officer:]
3[Provided also that in case the fund or trust or institution or any university or other educational
institution or any hospital or other medical institution referred to in the first proviso makes an application
on or after the 1st day of June, 2006 for the purposes of grant of exemption or continuance thereof, such
application shall be 4[made on or before the 30th day of September of the relevant assessment year] from
which the exemption is sought:]
5[Provided also that any anonymous donation referred to in section 115BBC on which tax is payable
in accordance with the provisions of the said section shall be included in the total income:]
2[Provided also that all pending applications, on which no notification has been issued under subclause (iv) or sub-clause (v) before the 1st day of June, 2007, shall stand transferred on that day to the
prescribed authority and the prescribed authority may proceed with such applications under those subclauses from the stage at which they were on that day:]
or sub-clause
or sub-clause
or sub-clause
does not apply its income during the year of receipt and
accumulates it, any payment or credit out of such accumulation to any trust or institution registered
under section 12AA or to any fund or trust or institution or any university or other educational
institution or any hospital or other medical institution referred to in sub-clause
or sub-clause
or sub-clause
or sub-clause
shall not be treated as application of income to the objects for
which such fund or trust or institution or university or educational institution or hospital or other
medical institution, as the case may be, is established:
Provided also that where the fund or institution referred to in sub-clause
or trust or institution
referred to in sub-clause
is notified by the Central Government 2[or is approved by the prescribed
authority, as the case may be,] or any university or other educational institution referred to in subclause
or any hospital or other medical institution referred to in sub-clause
such fund or institution or trust or any university or other educational institution or any
hospital or other medical institution has not—
applied its income in accordance with the provisions contained in clause
of the
third proviso; or
invested or deposited its funds in accordance with the provisions contained in clause
of the third proviso; or
the activities of such fund or institution or trust or any university or other educational
institution or any hospital or other medical institution—
are not genuine; or
are not being carried out in accordance with all or any of the conditions subject to
which it was notified or approved,
it may, at any time after giving a reasonable opportunity of showing cause against the proposed action
to the concerned fund or institution or trust or any university or other educational institution or any
hospital or other medical institution, rescind the notification or, by order, withdraw the approval, as
the case may be, and forward a copy of the order rescinding the notification or withdrawing the
approval to such fund or institution or trust or any university or other educational institution or any
hospital or other medical institution and to the Assessing Officer:]
3[Provided also that in case the fund or trust or institution or any university or other educational
institution or any hospital or other medical institution referred to in the first proviso makes an application
on or after the 1st day of June, 2006 for the purposes of grant of exemption or continuance thereof, such
application shall be 4[made on or before the 30th day of September of the relevant assessment year] from
which the exemption is sought:]
5[Provided also that any anonymous donation referred to in section 115BBC on which tax is payable
in accordance with the provisions of the said section shall be included in the total income:]
2[Provided also that all pending applications, on which no notification has been issued under subclause
or sub-clause
before the 1st day of June, 2007, shall stand transferred on that day to the
prescribed authority and the prescribed authority may proceed with such applications under those subclauses from the stage at which they were on that day:]