Creation of Assam State AIDS Control Society

Income Tax NOTIFICATION NO. 27/2013 dated 30-03-2013

The Central Government hereby notifies for the purposes of the said clause, the ‘Assam State AIDS Control Society’, a body created by way of notification in this regard by the Government of Assam, in respect of the following specified income arising to the said Society, namely:-

“amount received in the form of grants-in-aid from the Central Government and other international development agencies such as World Bank, UNAID (Joint United Nations Programme on HIV/AIDS), USAID (United States Agency for International Development), GFATM (Global Fund to fight AIDS, Tuberculosis and Malaria) through the Government of India”.

Section 10(46) of the Income Tax Act,1961

(46) any specified income arising to a body or authority or Board or Trust or Commission (by whatever name called) which—

 (a) has been established or constituted by or under a Central, State or Provincial Act, or constituted by the Central Government or a State Government, with the object of regulating or administering any activity for the benefit of the general public;

 (b) is not engaged in any commercial activity; and

 (c) is notified by the Central Government in the Official Gazette for the purposes of this clause.

Explanation.—For the purposes of this clause, “specified income” means the income, of the nature and to the extent arising to a body or authority or Board or Trust or Commission (by whatever name called) referred to in this clause, which the Central Government may, by notification in the Official Gazette, specify in this behalf;

(47) any income of an infrastructure debt fund, set up in accordance with the guidelines as may be prescribed, which is notified by the Central Government in the Official Gazette for the purposes of this clause;

SECTION 10(46) OF THE INCOME-TAX ACT, 1961 – EXEMPTIONS – STATUTORY BODY/AUTHORITY/BOARD/COMMISSION – NOTIFIED BODY OR AUTHORITY – ASSAM STATE AIDS CONTROL SOCIETY

NOTIFICATION NO. 27/2013 [F.NO.196/55/2012-ITA.I]/SO 859(E), DATED 30-3-2013

In exercise of the powers conferred by clause (46) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies for the purposes of the said clause, the ‘Assam State AIDS Control Society’, a body created by way of notification in this regard by the Government of Assam, in respect of the following specified income arising to the said Society, namely:-

“amount received in the form of grants-in-aid from the Central Government and other international development agencies such as World Bank, UNAID (Joint United Nations Programme on HIV/AIDS), USAID (United States Agency for International Development), GFATM (Global Fund to fight AIDS, Tuberculosis and Malaria) through the Government of India”.

2. This Notification shall be deemed to have been apply for the Financial Year 2011-2012 and shall apply with respect to the Financial Years 2012-2013, 2013-2014, 2014-2015 and 2015-2016.

3. The notification shall be effective subject to the following conditions, namely:-

(a) the ‘Assam State AIDS Control Society’ does not engage in any commercial activity;

(b) the activities and the nature of the specified income of the ‘Assam State AIDS Control Society’ remain unchanged throughout the financial year; and

(c) the ‘Assam State AIDS Control Society’ files return of income in accordance with the provision of clause (g) of sub-section (4C) section 139 of the Income-tax Act, 1961.

4. The grants from various international development agencies shall be received and applied in accordance with the prevailing rules and regulations.

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