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TMI BlogPrescribed authority, guidelines, form, manner and conditions for approval under clause (iia) of sub-section (1) of section 35.X X X X Extracts X X X X X X X X Extracts X X X X ..... a ) of sub-section (1) of section 35 by a company shall be made in 2 [ Form No. 3CF ] , to the Commissioner of Income-tax having jurisdiction over the applicant, at any time during the financial year immediately preceding the assessment year from which the approval is sought. 3 [ (aa) Form No. 3CF shall be furnished electronically, - (i) under digital signature, if the return of income is required to be furnished under digital signature; (ii) through electronic verification code in a case not covered under clause (i). (ab) Form No. 3CF shall be verified by the person who is authorised to verify the return of income under section 140, as applicable to the applicant. (ac) The Principal Director General of Income-tax (System ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the total period for removal of deficiency does not exceed thirty days, and if the applicant fails to remove the deficiency within the period of thirty days so allowed, the Commissioner of Income-tax shall send his recommendation to the Chief Commissioner of Income-tax for treating the application as invalid. ( f ) The Chief Commissioner of Income-tax may, after examining the recommendations referred to in clause ( e ), pass an order that the application is invalid. ( g ) If the application form is complete in all respects, the Commissioner of Income-tax may, make such inquiry as he may consider necessary regarding the genuineness of the activity of the company and send his recommendation to the Chief Commissioner of Income-tax f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax. (3) Approval to a company under clause (iia) of sub-section (1) of section 35 shall be subject to the following conditions, namely:- ( a ) The sum paid to the company shall be used for scientific research; ( b ) The applicant company shall carry on scientific research through its own employees using its own assets; ( c ) A company approved under clause ( iia ) of sub-section (1) of section 35 shall maintain separate books of account in respect of the sums received by it for scientific research, reflect therein the amount used for carrying on research, get such books of account audited by an accountant, and furnish the report of such audit duly signed and verified by such accountant to the Commissioner of Income-tax having j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h, or a statement referred to in sub-clause (e),or ( iv ) has ceased to carry on its research activities, or its activities are not genuine, or ( v ) is not fulfilling the conditions subject to which approval was granted to it, he may after making appropriate enquiries, furnish a report on the circumstances referred to in sub-clauses (i) to (v) to the jurisdictional Chief Commissioner of Income-tax within six months from the date of furnishing the return of income under sub-section (1) of section 139.] ********************* Notes: 1. Rule 5F inserted vide Notification No. 107/2008 dated 11-12-2008 (Income-tax (10thAmendment) Rules, 2008.) 2. Substituted vide NOTIFICATION NO. 19/2021 dated 26-03-2021 w.e.f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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