35AC & 35(1-2) REGISTRATION

 

The Central Government approves certain NGOs and notifies them as eligible for project or schemes for the purposes of section 35AC. If an NGO succeeds in getting such an approval for its projects then it stands a very good chance of mobilising funds from the corporate and the business sector. Business houses making contribution to such approved projects are allowed the benefits of deducting such contribution as expenditure.

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    NATIONAL COMMITTEE
    The Central Government has constituted a National Committee to identify projects and schemes to be notified under section 35AC, such committee normally consists of eminent persons. All NGOs are entitled to apply to the National Committee to get its projects or schemes approved.

    WHERE THE APPLICATION IS TO BE MADE
    The application for approval by the National Committee should be made to the Secretary, National Committee for Promotion of Social & Economic Welfare, Dept. of Revenue, Govt. of India, North Block, New Delhi – 110001.

    THE APPLICATION AND ITS ENCLOSURE
    i) The application is to be made in 2 Sets, written either in Hindi or English.
    ii) Details such as name, address and status of applicant, the district/ ward circle where assessed/PAN number.
    iii) Audited Balance Sheet, Profit& Loss Account or Income& Expenditure Account for the latest year and two preceding years.
    iv) How is it constituted i.e. whether as a trust, society, etc supported by relevant documents like trust deed, rules & regulation, memorandum of association etc. and registration certificate, if any.
    v) Name & Addresses of the persons managing the affairs of the association or institution, including those who left the organisation but were managing the affairs of the association or institution during the 3 years preceding the date of application.
    vi) If the association or institution is notified under section 10(23)(C) or is approved for the purposes of section 80G, the particulars of such approval granted.
    vii) Brief particulars of the activities of the association or institution during 3 years preceding the date of application or since inception if the association or institution is less than 3 years old.
    viii) Such other information as the association or institution may like to place before the National Committee.

    ADDITIONAL INFORMATION REGARDING THE PROJECT/SCHEME TO BE SUBMITTED
    (i) Title of project or scheme;
    (ii) Date of commencement;
    (iii) Duration and the likely date of completion;
    (iv) Estimated cost of the project ;
    (v) Category or class of persons who are likely to be benefited from the project or scheme;
    (vi) Affirmation that no benefit from the project or scheme other than remuneration or honorarium, will accrue to persons managing the affairs of the NGO ;
    (viii) Such other particulars as the applicant may place before the National Committee.

    CERTIFICATE TO BE ISSUED TO THE DONOR
    All approved NGOs are required to issue a certificate to the donor for all contributions & receipts under section 35AC. The certificate is to be issued in Form 58A.
    This certificate will enable the donor to claim exemption from its taxable income. Further, the NGOs should also send an Annual Report to the National Committee indicating the progress of the work relating to the project/scheme and the following informations in respect of each contributor :

    i) name of the contributors & their addresses.
    ii) PAN.
    iii) amount of contributions.
    iv) the project/scheme for which the contribution is made.
    v) total amount of contribution received during the year.
    vi) total cost of the project approved by the National Committee.
    07 Such Annual Report should reach the National Committee by 30th June, following the financial year in which the amount is received.

    DEDUCTION OF CONTRIBUTION UNDER SECTION 80GGA
    Section 35AC is available to assessees who have income from the head ‘business’ or ‘profession’. Therefore, for the assessees who do do not have income from business or profession, section 80GGA provides for deduction on donations made to eligible projects under section 35AC. Section 80GGA, is a broader section and deductions are also available for contributions made for scientific research under section 35CCA & 35CCB, which have been withdrawn. 100 per cent deduction is available under section 80GGA, subject to the available gross total income under section 80A. Therefore, unlike section 35AC, deduction under section 80GGA cannot be carried forward in the form of losses to next year . 

    35(1-2) REGISTRATION

    Any scientific research association / organization which has its objects, carrying out the scientific research or social science research or social science research can be approved under section 35 I(ii) and 35I(iii) in accordance with the guidelines and other conditions as may be notified in the official gazette of the central government.The donor will receive 175% weighted deduction on the donated amount as per amendment by the Finance Act 2010.

    Application:- The application for approval under section 35 1 (ii) / 35 1 (iii) of IT Act 1961 may be submitted to the CIT/ DIT- IT of the jurisdiction of the assessee association along with following information in prescribed form.

    1. List of assets / facilities owned used for scientific research / Social science research by the applicant,

    2. Details of past research projects undertaken by the applicant, such as research projects completed/ underway/ any publication of research projects,

    3. Past research activities such as whether any new product/process developed, approved, any product of import substitution,

    4. Patents filed and details of the filing,

    5. Whether any commercialization carried out of any such product/ process,

    6. Earnings from such patents etc

    7. Details of conferences/ seminars etc. held

    8. Proposed research project to be undertaken,

    9. List of the donors and amount received as donations,

    10. Amount utilized in such research activities,

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