Income Tax Act, 1961
Section 6: Ins. by Act 49 of 1991, s. 5 (w.e.f. 11990).
6. Ins. by Act 49 of 1991, s. 5 (w.e.f. 11990).
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Provided also that any 1[notification issued by the Central Government under sub-clause (iv) or
sub-clause (v), before the date on which the Taxation Laws (Amendment) Bill, 2006 receives the
assent of the President, shall, at any one time, have effect for such assessment year or years], not
exceeding three assessment years (including an assessment year or years commencing before the date
on which such notification is issued) as may be specified in the notification:]
2[Provided also that where an application under the first proviso is made on or after the date on
which the Taxation Laws (Amendment) Bill, 2006 receives the assent of the President, every
notification under sub-clause (iv) or sub-clause (v) shall be issued or approval under 3[sub-clause (iv)
or sub-clause (v) or] sub-clause (vi) or sub-clause (via) shall be granted or an order rejecting the
application shall be passed within the period of twelve months from the end of the month in which
such application was received:
Provided also that where the total income, of 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), without giving effect to the provisions of the
said sub-clauses, exceeds the maximum amount which is not chargeable to tax in any previous year,
such trust or institution or any university or other educational institution or any hospital or other
medical institution shall get its accounts audited in respect of that year by an accountant as defined in
the Explanation below sub-section (2) of section 288 and furnish along with the return of income for
the relevant assessment year, 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:]
4[Provided also that any amount of donation received by the fund or institution in terms of
clause (d) of sub-section (2) of section 80G 5[in respect of which accounts of income and expenditure
have not been rendered to the authority prescribed under clause (v) of sub-section (5C) of that section,
in the manner specified in that clause, or] which has been utilised for purposes other than providing
relief to the victims of earthquake in Gujarat or which remains unutilised in terms of sub-section (5C)
of section 80G and not transferred to the Prime Minister's National Relief Fund on or before the 31st
day of March, 6[2004] shall be deemed to be the income of the previous year and shall accordingly be
charged to tax:]
7[Provided also that any amount credited or paid out of income of 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), to any trust or institution
registered under section 12AA, being voluntary contribution made with a specific direction that they
shall form part of the corpus of the trust or institution, 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:]
8[Provided also that for the purposes of determining the amount of application under item (a) of
the third proviso, the provisions of sub-clause (ia) of clause (a) of section 40 and sub-sections (3) and
(3A) of section 40A, shall, mutatis mutandis, apply as they apply in computing the income chargeable
under the head “Profits and gains of business or profession.]
9* * * * *
1. Subs. by Act 29 of 2006, s. 3, for certain words, brackets, figures and letters (w.e.f. 12006).
or
sub-clause
Bill, 2006 receives the
assent of the President, shall, at any one time, have effect for such assessment year or years], not
exceeding three assessment years (including an assessment year or years commencing before the date
on which such notification is issued) as may be specified in the notification:]
2[Provided also that where an application under the first proviso is made on or after the date on
which the Taxation Laws
Bill, 2006 receives the assent of the President, every
notification under sub-clause
or sub-clause
shall be issued or approval under 3[sub-clause
or sub-clause
or] sub-clause
or sub-clause
shall be granted or an order rejecting the
application shall be passed within the period of twelve months from the end of the month in which
such application was received:
Provided also that where the total income, of 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
or sub-clause
or sub-clause
or sub-clause
of section 288 and furnish along with the return of income for
the relevant assessment year, 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:]
4[Provided also that any amount of donation received by the fund or institution in terms of
clause
of sub-section
of section 80G 5[in respect of which accounts of income and expenditure
have not been rendered to the authority prescribed under clause
of sub-section
of that section,
in the manner specified in that clause, or] which has been utilised for purposes other than providing
relief to the victims of earthquake in Gujarat or which remains unutilised in terms of sub-section
of section 80G and not transferred to the Prime Minister's National Relief Fund on or before the 31st
day of March, 6[2004] shall be deemed to be the income of the previous year and shall accordingly be
charged to tax:]
7[Provided also that any amount credited or paid out of income of 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
of
the third proviso, the provisions of sub-clause
of clause
of section 40 and sub-sections
and
of section 40A, shall, mutatis mutandis, apply as they apply in computing the income chargeable
under the head “Profits and gains of business or profession.]
9* * * * *
1. Subs. by Act 29 of 2006, s. 3, for certain words, brackets, figures and letters (w.e.f. 12006).