Section 10(23C)(vi) of the Income-tax Act, 1961 - Exemptions - University
or other
educational society solely for educational purposes – Notified university or
educational institution
Notification No. S.O. 3323, dated 26-10-2009
In exercise of the powers conferred by sub-clause (vi) of clause (23C)
of section
10 of the Income-tax Act, 1961 (43 of 1961) read with rule 2CA of the Income-tax Rule,
1962, the SRM Institute of Science & Technology, No. 3, Veerasamy Street, West
Mambalam, Chennai – 600033 [PAN: AA-DTS 3688KKJ is hereby approved for the
purpose of the said sub-clause from the assessment year 2009-10, subject to the following
conditions:
2. (i)
The trust shall apply its income or accumulate the same for application
wholly and
exclusively towards the objects for which it is established as per deed of rectification
dated 8-9-2009 and, in case more than fifteen per cent of its income is accumulated, the
period of accumulation of the same shall in no case exceed five year, as required in
clause (a) of the third proviso to section 10(23C) of the Act.
(ii) The trust shall not invest
or deposit its funds (other than voluntary
contributions received and maintained in the form of jewellery or furniture) for
any period otherwise than in any one or more of the forms or modes specified in
sub-section (5) of section 11 of the Act, as required in clause (b) of the third
proviso to section 10(23C) of the Act.
(iii) The trust shall get its
accounts audited in accordance with the tenth proviso to
section 10(23C) of the Act and regularly file its return along with the audit report
in accordance with section 139(4C) of the Act.
(iv) In the event of dissolution
or winding up of the trust, its surplus and assets
shall be given to an organization which exists solely for educational purposes and
not for purposes of profit and no part of the same shall go directly or indirectly to
any of the beneficiaries of the trust or any body specified in section 13(3) of the
Act.
(v) This approval shall not
apply in relation to any income from any activity in the
nature of trade, commerce or business or rendering of any service in relation to
trade, commerce or business irrespective of the nature of use or application or
retention of income from such activity.
(vi) The approval shall not
apply in relation to anonymous donations in terms of
the fifteenth proviso to section 10(23C) read with section 115BBC of the Act.
3. The above
approval is liable to be withdrawn in accordance with the thirteenth proviso
to section 10(23C) of the Act, if it is subsequently found that the income of the assessee
trust is applied in contravention of para 2(i) supra, or its funds are invested or deposited
in contravention of para 2(ii) supra, or its activities are not genuine, or if they are not
being carried out in accordance with all or any of the conditions subject to which the
approval is granted.