CBDT notification · 09 May 2022
MINISTRY OF FINANCE (Department of Revenue) [CENTRAL BOARD OF DIRECT TAXES] NOTIFICATION New Delhi, the 9th May, 2022 INCOME-TAX G.S.R. 343(E).—In exercise of the powers conferred by clauses (i), (ii), (iii) and (iv) of first proviso to clause (23C) of section 10, ninth proviso to clause (23C) of section 10, sub-clause…
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Open source pageMINISTRY OF FINANCE (Department of Revenue) [CENTRAL BOARD OF DIRECT TAXES] NOTIFICATION New Delhi, the 9th May, 2022 INCOME-TAX G.S.R. 343(E).—In exercise of the powers conferred by clauses (i), (ii), (iii) and (iv) of first proviso to clause (23C) of section 10, ninth proviso to clause (23C) of section 10, sub-clauses (i) (ii), (iii), (iv), (v) and (vi) of clause (ac) of sub-section (1) of section 12A, sub-section (3) of section 12AB, first and fifth proviso to sub-section (1) sub- section (1A) of section 35, clauses (i), (ii), (iii) and (iv) of first proviso to sub-section (5) of section 80G, third proviso to sub-section (5) of section 80G, clauses (viii) and (ix) of sub-section (5) of section 80G, read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:- 1. Short title and commencement. These rules may be called the Income-tax (Fourteenth Amendment) Rules, 2022. 2. In the Income-tax Rules, 1962 in the APPENDIX-II, - (i) In FORM No. 3CF,- (a) for row 6b, the following row shall be substituted, namely: - “6b In case if any of persons (as mentioned in row 6a) is not an individual then provide the following details of the natural persons who are beneficial owners (5% or more) of such person as on the date of application: S. No. Name Unique Identification Number ID code Address Person other than individual (as mentioned in row 6a) in which the beneficial ownership held Percentage of beneficial ownership”; (b) for row 7, the following row shall be substituted, namely: - “7 Details of laboratory/research facility/ university/college/other institution being managed/controlled/administered/owned by the applicant 14 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Name of the laboratory/research facility/ university/college/ot her institution Whether covered under section 35? (Yes/No) Year of establish ment Nature of activity Address Whether owned by applicant ? (Yes/No) Person- in - charge Name Contact- Number E- mail ID ID Code Unique Identification Number”; (c) for row 13, the following row shall be substituted, namely: - “13 Details of research facilities/ assets owned by Research Association as on date of the application: S.No. Description of the equipment Specific details of equipment Date of Acquisition Cost of acquisition”; (d) for row 16, the following row shall be substituted, namely: - “16 Details of patent, copyrights, trademarks or other similar rights applied for or registered in the name of the applicant organisation: (a) Details of patents Applied/granted: S.No. Title of Inventi on Descripti on Name(s) of the Inventor (s) Associatio n of the Inventor (s) with the Applicant organisati on Whether the Patent applied/pat ent granted Patent applicati on Number /Patent Number Date If commerciali sed or implemented , then by whom Earnings from patents till date of applicati on(Rs.) (b) Details of details of copyrights applied/granted: S.No. Title of creation for which the copy right has been applied or granted Descrip- tion Name (s) of the Author (s) Associati on of the Author(s) with the Applicant organisati on Whether the copy Rights applied/ Copy rights granted Copy Rights applica- tion Number /Copy Right Number Date If commercialis ed or implemented then by whom Earnin gs from Copy Rights till date of applica tion (Rs.) (c) Details of trade marks or other similar rights applied or granted: S.No. Title of Trade marks or other similar rights Description Name(s) of the Inventor (s) Association of the Inventor(s) with the Applicant organisation Whethe r trade marks applied/ Trade Marks granted Trade marks Application Number / Trade Mark Number Date If trade mark is comer- cially used, then by whom Earnings from trade- marks or other similar rights till date of applica- tion (Rs.) (d) Details of new products, processes, methods and techniques developed: S.No. Category: New product/ process/ method/ technique Title Description Name(s) of the Inventor(s) Association of the Inventor(s) with the Applicant organisation If commercialised or implemented, then by whom Earnings till date of application (Rs.) [भागII—खण् ड 3(i)] भारत का रािपत्र : असाधारण 15 (e) Details of improvements made in the existing products, processes, methods and techniques: S.No. Category Existing product/ process/ method/ technique Title Description Name(s) of the Inventor(s) Association of the Inventor(s) with the Applicant organisation If commercialised or implemented, then by whom Earnings till date of application (Rs.) (f) Details of new theories, models and hypothesis developed: S.No. Category: New theories / models / hypothesis Title Description Name(s) of the Authors(s) Association of the Authors(s) with the Applicant organisation Whether the theory or hypothesis is widely accepted. Earnings till date of application (Rs.) (g) Details of Products of Import Substitution: S.No. Description of the Product Brief Description on How it Resulted in Import Substitution”; (e) for row 29, the following row shall be substituted, namely: - “29 Income received in three previous years immediately preceding the previous year in which application is made: Financial Year Donations Received for Research Purposes Donation Received for purposes other than research Grant Received for research purposes Other income Total Income ”; Corpus Non Corpus Corpus Non Corpus (f) in the Annexure, for the words, brackets and figures “To be furnished by a research association claiming exemption under section 10(21) Financial Year. _______________” the words, brackets and figures “Whether you are claiming exemption under section 10(21)? Yes /No To be furnished by a research association claiming exemption under section 10(21) Financial Year. _______________” shall be substituted; (g) for the words figure and letters “Instructions to fill Form No. 3CF”, the words, figure and letters “Notes to fill Form No. 3CF” shall be substituted; (h) in the “Notes to fill Form No. 3CF”,- (I) in clause 5, sub-clause i shall be omitted; (II) in clause 7, after sub-clause iii, the following words, shall be inserted, namely:- ‘Note: Specific details of equipment is required to be mandatorily filled in case of Other assets. ’; (III) in clause 8, for sub-clause vi, the following sub-clause shall be substituted, namely:- “vi. Others (Please Specify the association)”; (IV) for clause 12, the following clause shall be substituted, namely:- “12. The following documents are required to be attached: where the applicant is constituted under an instrument, self-certified copy of the instrument; where the applicant is constituted otherwise than under an instrument, self-certified copy of the document evidencing the creation, or establishment of the applicant; self-certified copy of registration with Registrar of Companies or Registrar of Firms and Societies or Registrar of Public Trusts or other registration document, as the case may be; where past registration under section 35 was rejected, then copy of order of rejection ( if answer to 5 is yes) 16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] self-certified copy of registration under Foreign Contribution (Regulation) Act, 2010, if the applicant is registered under the said Act; self-certified copy of existing Notification granting approval under section 35; a comprehensive note on research activities undertaken by the applicant (If there are no research activities undertaken by the applicant then attach self-certified NIL declaration); self-certified copy of audited annual accounts of the applicant for the last three years (If there is no audited annual accounts of the applicant for any of the last three years then attach self-certified NIL declaration for each year separately); self-certified copy of Donors, along with their names, complete postal address and the amount paid by each of them to the applicant during last three years. Mention PAN or aadhar of donors paying the sums in excess of fifty thousand rupees in any of the three financial years (If there is no donation received during the last three years then attach self-certified NIL declaration).”;