{"act":{"id":"finance-act-2020","short_title":"The Finance Act, 2020","long_title":"An Act to give effect to the financial proposals of the Central Government for the financial year 2020-2021.","act_number":null,"act_year":2020,"enact_date":null,"enforcement_date":null,"ministry":"Ministry of Finance","department":"Department of Revenue","jurisdiction":"CENTRAL","unit":"section","section_count":157,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"published","scan_url":null,"url":"https://indiacode.ecourtsindia.com/finance-act-2020/"},"unit":"section","section":{"number":"17","heading":"Amendment of Section 35","text":"Amendment of section 35. 17. In section 35 of the Income-tax Act, with effect from the 1st day of June, 2020,— (i) | in sub-section (1),— (a) | after sub-clause (iii), in the Explanation, for the words, brackets and figures,— (A) | \"to which clause (ii) or clause (iii)\", the words, brackets, figures and letter \"to which clause (ii) or clause (iii) or to a company to which clause (iia)\" shall be substituted; (B) | \"clause (ii) or clause (iii)\", the words, brackets, figures and letter \"clause (ii) or clause (iii) or to a company referred to in clause (iia)\" shall be substituted; (b) | after the fourth proviso occurring after clause (iv), the following provisos shall be inserted, namely:— \"Provided also that every notification under clause (ii) or clause (iii) in respect of the research association, university, college or other institution or under clause (iia) in respect of the company issued on or before the date on which this sub-section has come into force, shall be deemed to have been withdrawn unless such research association, university, college or other institution referred to in clause (ii) or clause (iii) or the company referred to in clause (iia) makes an intimation in such form and manner, as may be prescribed, to the prescribed income-tax authority within three months from the date on which this proviso has come into force, and subject to such intimation the notification shall be valid for a period of five consecutive assessment years beginning with the assessment year commencing on or after the 1st day of April, 2021: Provided also that any notification issued by the Central Government under clause (ii) or clause (iia) or clause (iii), after the date on which the Finance Bill, 2020 receives the assent of the President, shall, at any one time, have effect for such assessment year or years, not exceeding five assessment years as may be specified in the notification.\"; (ii) | after sub-section (1), the following sub-section shall be inserted, namely:— \"(1A) Notwithstanding anything contained in sub-section (1), the research association, university, college or other institution referred to in clause (ii) or clause (iii) or the company referred to in clause (iia) of sub-section (1) shall not be entitled to deduction under the respective clauses of the said sub-section, unless such research association, university, college or other institution or company— (i) | prepares such statement for such period as may be prescribed and deliver or cause to be delivered to the said prescribed income-tax authority or the person authorised by such authority such statement in such form, verified in such manner, setting forth such particulars and within such time, as may be prescribed: Provided that such research association, university, college or other institution or the company may also deliver to the prescribed authority a correction statement for rectification of any mistake or to add, delete or update the information furnished in the statement delivered under this sub-section in such form and verified in such manner as may be prescribed; and (ii) | furnishes to the donor, a certificate specifying the amount of donation in such manner, containing such particulars and within such time from the date of receipt of sum, as may be prescribed.\".","html":"<p><b>Amendment of section 35.</b></p><p><b>17.</b> In section 35 of the Income-tax Act, with effect from the 1st day of June, 2020,—</p><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>i</i>)</td><td></td><td>in sub-section (1),—</td></tr></table></div><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>a</i>)</td><td></td><td>after sub-clause (<i>iii</i>), in the <i>Explanation</i>, for the words, brackets and figures,—</td></tr></table></div><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>A</i>)</td><td></td><td>\"to which clause (<i>ii</i>) or clause (<i>iii</i>)\", the words, brackets, figures and letter \"to which clause (<i>ii</i>) or clause (<i>iii</i>) or to a company to which clause (<i>iia</i>)\" shall be substituted;</td></tr><tr><td>(<i>B</i>)</td><td></td><td>\"clause (<i>ii</i>) or clause (<i>iii</i>)\", the words, brackets, figures and letter \"clause (<i>ii</i>) or clause (<i>iii</i>) or to a company referred to in clause (<i>iia</i>)\" shall be substituted;</td></tr></table></div><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>b</i>)</td><td></td><td>after the fourth proviso occurring after clause (<i>iv</i>), the following provisos shall be inserted, namely:—</td></tr><tr><td></td><td></td><td>\"<b>Provided also</b> that every notification under clause (<i>ii</i>) or clause (<i>iii</i>) in respect of the research association, university, college or other institution or under clause (<i>iia</i>) in respect of the company issued on or before the date on which this sub-section has come into force, shall be deemed to have been withdrawn unless such research association, university, college or other institution referred to in clause (<i>ii</i>) or clause (<i>iii</i>) or the company referred to in clause (<i>iia</i>) makes an intimation in such form and manner, as may be prescribed, to the prescribed income-tax authority within three months from the date on which this proviso has come into force, and subject to such intimation the notification shall be valid for a period of five consecutive assessment years beginning with the assessment year commencing on or after the 1st day of April, 2021:</td></tr><tr><td></td><td></td><td><b>Provided also</b> that any notification issued by the Central Government under clause (<i>ii</i>) or clause (<i>iia</i>) or clause (<i>iii</i>), after the date on which the Finance Bill, 2020 receives the assent of the President, shall, at any one time, have effect for such assessment year or years, not exceeding five assessment years as may be specified in the notification.\";</td></tr></table></div><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>ii</i>)</td><td></td><td>after sub-section (1), the following sub-section shall be inserted, namely:—</td></tr><tr><td></td><td></td><td>\"(1A) Notwithstanding anything contained in sub-section (1), the research association, university, college or other institution referred to in clause (<i>ii</i>) or clause (<i>iii</i>) or the company referred to in clause (<i>iia</i>) of sub-section (1) shall not be entitled to deduction under the respective clauses of the said sub-section, unless such research association, university, college or other institution or company—</td></tr></table></div><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>i</i>)</td><td></td><td>prepares such statement for such period as may be prescribed and deliver or cause to be delivered to the said prescribed income-tax authority or the person authorised by such authority such statement in such form, verified in such manner, setting forth such particulars and within such time, as may be prescribed:</td></tr><tr><td></td><td></td><td><b>Provided</b> that such research association, university, college or other institution or the company may also deliver to the prescribed authority a correction statement for rectification of any mistake or to add, delete or update the information furnished in the statement delivered under this sub-section in such form and verified in such manner as may be prescribed; and</td></tr><tr><td>(<i>ii</i>)</td><td></td><td>furnishes to the donor, a certificate specifying the amount of donation in such manner, containing such particulars and within such time from the date of receipt of sum, as may be prescribed.\".</td></tr></table></div>","words":535,"text_source":"published"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/finance-act-2020/section/17/","note":null,"source_note":"Harvested from the Income Tax Department's own portal at incometaxindia.gov.in, which publishes the Finance Acts section by section. India Code carries none of them: its Central community holds the Acts that stand as general law, and a Finance Act is an amending and rate-fixing instrument.","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}