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SECTION 35AC, another one of the sections similar to the 12A and 80G but quite different in their attributes and the characteristics, i.e. one can say that the benefits availed under both of the section listed above are as different as chalk and cheese i.e. to say completely different. Even though the 12A and 35AC registration are hailed as the more most important registration for the NGOs (Non- government organizations), trusts or the societies, the 35AC registration is also quite beneficial and important for the NGOs (Non-government organizations), trusts or the societies. The 35AC can be stated as one of the key provisions under the Income Tax Act, constituted under the Indian constitution, and the relevance of the 35AC registration is that if understood properly and coherently the 35Ac registration can be used effectively to raise the funds and resources for the NGOs (Non- government organizations), trust or the societies.
The main objective or the main reason of the formation of the section 35AC was to encourage the business organizations and other entities to put their contribution and increase it in the field of social and economic welfare, and also in the upliftment of the general public. Moreover, the NGOs(Non- government organizations), trusts or the societies working in the projects that have been availed by the or passed by the Central Government for promoting the social and economic welfare can also raise the resources for eligible project form the corporate sector and also fulfil their objectives of the development and holistic growth.
Also, at the same time, the benefits are not limited to the NGOs, societies or the trusts only, there are several benefits which can be availed by the firms, entities or the organizations in the corporate sector too. The corporations can fulfil their necessary objectives of the CSR or the corporate social responsibility. They can do so by making a contribution towards the eligible projects and hence, get the tax deduction benefit under the 35AC registration. Hence, we see that the section 35AC is beneficial to both the NGOs (Non-government organizations) and the societies too. Both of them can actually co-operate to receive the benefit under the 35AC registration.
The Central Government esteems certain NGO's and notifies them as eligible for a project of patterns for the commitments of section 35 AC. If an NGO flourishes in getting such approval for its projects then it stances very good mobilising funds from the trade and the business sector. Business housing making involvement to such official projects are allowed the benefits of subtracting such involvement as expenditure. These organizations arrange their funds through offerings made to them by the governments or their individuals or corporate bodies. Section 35 provides benefits to only those assesses who have income from the head ‘business’ or ‘Profession’ after 35ac registration, organisations having income from business or profession can get 100% deduction. Charitable organisations can get registered themselves under section 35 AC by applying to the National Committee under rule 11F to 11-O. If they carrying on any business. The approval under section 35 AC is for 3 years only and not permanent in nature.
The submission for sanction shall be made to the National Committee, constituted by the central government to classify projects and schemes to be acquainted under section 35AC.
The application shall be made to the secretary, National Committee for Promotion of social & Economic Welfare, Dept. of Revenue, India’s government North block New Delhi-110001.
Many people are still in dream that they are shall get 35ac certificate authorization for their nonprofit NGO organization. But it’s very difficult. Because, only the best reputation with credibility of a nonprofit NGO organization may, help to get such approval from the National Committee of Central Government. You should understand that the central government of India is not giving endorsement of 35ac for all nonprofit NGO organizations. 35ac registration shall provide endorsement only for the organization which has basic object.
Which assesses have income from head ‘business’ or ‘profession’ section 35 ac is available for deduction. The assesses who do not have income from business or profession, section 80GGA provides for deduction on the donation made to eligible projects under section 35 AC.
Section 80GGA is a broader section and deduction is also available for construction made for scientific research under section 35CCA and 35CCB, which have been withdrawn. 100% deduction is available under section 80GGA.
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