Section - 10(21), Income-tax Act.

Section - 10(21), Income-tax Act.

Income Tax

Incomes not included in total income.

Any income of a research association for the time being approved for the purpose of clause (ii) or clause (iii) of sub-section (1) of section 35:



Provided that the research association—


(a) applies its income, or accumulates it for application, wholly and exclusively to the objects for which it is established, and the provisions of sub-section (2) and sub-section (3) of section 11 shall apply in relation to such accumulation subject to the following modifications, namely :—


(i) in sub-section (2),—


(1) the words, brackets, letters and figure "referred to in clause (a) or clause (b) of sub-section (1) read with the Explanation to that sub-section" shall be omitted;


(2) for the words "to charitable or religious purposes", the words "for the purposes of scientific research or research in social science or statistical research" shall be substituted;


(3) the reference to "Assessing Officer" in clause (a) thereof shall be construed as a reference to the "prescribed authority" referred to in clause (ii) or clause (iii) of sub-section (1) of section 35;


(ii) in sub-section (3), in clause (a), for the words "charitable or religious purposes", the words "the purposes of scientific research or research in social science or statistical research" shall be substituted; and


(b) does not invest or deposit its funds, other than—


(i) any assets held by the research association where such assets form part of the corpus of the fund of the association as on the 1st day of June, 1973;


(ii) any assets (being debentures issued by, or on behalf of, any company or corporation), acquired by the research association before the 1st day of March, 1983;


(iii) any accretion to the shares, forming part of the corpus of the fund mentioned in sub-clause (i), by way of bonus shares allotted to the research association;


(iv) voluntary contributions received and maintained in the form of jewellery, furniture or any other article as the Board may, by notification in the Official Gazette, specify,for any period during the previous year otherwise than in any one or more of the forms or modes specified in sub-section (5) of section 11:


Provided further that the exemption under this clause shall not be denied in relation to voluntary contribution, other than voluntary contribution in cash or voluntary contribution of the nature referred to in clause (b) of the first proviso to this clause, subject to the condition that such voluntary contribution is not held by the research association, otherwise than in any one or more of the forms or modes specified in sub-section (5) of section 11, after the expiry of one year from the end of the previous year in which such asset is acquired or the 31st day of March, 1992, whichever is later:


Provided also that nothing contained in this clause shall apply in relation to any income of the research association, being profits and gains of business, unless the business is incidental to the attainment of its objectives and separate books of account are maintained by it in respect of such business:



Provided also that where the research association is approved by the Central Government and subsequently that Government is satisfied that—


(i) the research association has not applied its income in accordance with the provisions contained in clause (a) of the first proviso; or


(ii) the research association has not invested or deposited its funds in accordance with the provisions contained in clause (b) of the first proviso; or


(iii) the activities of the research association are not genuine; or


(iv) the activities of the research association are not being carried out in accordance with all or any of the conditions subject to which such association was approved,it may, at any time after giving a reasonable opportunity of showing cause against the proposed withdrawal to the concerned association, by order, withdraw the approval and forward a copy of the order withdrawing the approval to such association and to the Assessing Officer;