- PREAMBLE
- R&D
CENTRES ELIGIBLE FOR APPROVAL
- CONDITIONS
SUBJECT TO WHICH APPROVAL IS GIVEN
- DOCUMENTS
REQUIRED FOR EXAMINATION OF APPLICATION BY DSIR
- DOCUMENTS
REQUIRED TO BE SUBMITTED FOR CERTIFICATION OF EXPENDITURE FOR DEDUCTION U/S
35(2AB)
- PROCEDURE
FOR APPROVAL
- HOW TO
APPLY FOR APPROVAL
- HOW TO
APPLY FOR CERTIFICATION OF EXPENDITURE U/S 35 (2AB)
- TEXT OF
SECTION 35(2AB) OF I.T. ACT, 1961(Annexure I)
- PUBLISHED
IN THE GAZETTE OF INDIA EXTRAORDINARY PART-II(Annexure II) SECTION 3,
SUB-SECTION (ii) DATED 27.03.1998
- FORM NO.
3CK (Application form for entering into an agreement with the
Department of Scientific and Industrial Research for cooperation in in-house
Research and Development facility and for audit of the accounts maintained for
that facility.)
- FORM NO.
3CL Report to be submitted by the prescribed authority to the
Director General (Income-tax Exemptions) under section 35(2AB) of the
Income-tax Act, 1961.
- FORM NO.
3CM Order of approval of in-house research and development facility
under section 35(2AB) of the Income-tax Act. 1961
- ADDITIONAL
INFORMATION REQUIRED BY DSIR FOR THE APPROVAL OF R&D FACILITY U/S 35(2AB)
OF I.T. ACT (ANNEXURE III)
- DETAILS OF
IMPORTS MADE FOR R&D PURPOSES-APPENDIX 1 to ANNEXURE III
- DETAILS OF
R&D PROGRAMMES/PROJECTS IN PROGRESS-APPENDIX 2 to ANNEXURE III
- ADDITIONAL
INFORMATION TO BE SUBMITTED SEPARATELY FOR EACH R & D CENTRE APPROVED BY
THE PRESCRIBED AUTHORITY U/S 35(2AB) of I.T. Act AT THE TIME OF CERTIFICATION
OF THE EXPENDITURE BY SECRETARY DSIR AS PER FORM 3CL-ANNEXURE IV
- DETAILS
OF EXPENDITURE INCURRED ON R&D CENTRE/FACILITY APPROVED BY SECRETARY,DSIR
U/S 35(2AB)
- GUIDELINES FOR
APPROVAL OF IN-HOUSE R&D CENTRES AND CERTIFICATION OF EXPENDITURE under
section 35(2AB) of IT ACT 1961
PREAMBLE
1. In order to encourage R&D initiatives by industry, and
to make R&D an attractive proposition, the Finance Bill 1997 introduced a
sub-section (2AB) in Section 35 of the IT Act 1961. Text of this sub-section
can be seen at Annexure-I of these guidelines. This sub-section
provides for weighted tax deduction of a sum equal to one and one-fourth times
of any expenditure incurred on scientific research (not being expenditure in
the nature of cost of any land or building) in certain areas specified by
section 35(2AB) of IT Act, by companies on in-house R&D centres, approved
by the 'Prescribed Authority'.
2. Secretary, DSIR has been designated as the 'Prescribed
Authority' for purposes of Section 35(2AB) of I.T. Act, as per rule 6 (1B),
inserted vide Government of India, Department of Revenue’ Notification S.O
259(E) dated 27th March 1998 (fifth amendment rules), effective from 1st day
of April 1998. The text of this notification can be seen at
Annexure-II.
R&D CENTRES ELIGIBLE FOR APPROVAL
3. In-house R&D centres of companies, which satisfy the
following conditions are eligible to apply for approval of the 'Prescribed
Authority' :
- The R&D centres are holding valid recognition by DSIR;
- The R&D centres are exclusively engaged in research and
development in one or more of the following areas :
- Drugs
- Pharmaceuticals
- Electronic equipment
- Computers
- Telecommunication equipment
- Chemicals, or
- Any other article or thing notified by the Central Board of Direct
Taxes.
- The in-house R&D centre should be located in a separate
earmarked area/building and it should have exclusive R&D manpower of
its own.
4. For the purpose of deciding whether the
organisation/company which has applied for approval of the R&D centre u/s
35(2AB) of I.T.Act, 1961 falls in the above sectors, the following criteria
will be applied:
- The item manufactured by the company should be listed in the above
categories as per Indian Trade Classification (based on Harmonized Commodity
Description and Coding System) published by Government of India, Ministry of
Commerce; and
- The Administrative Ministry/Department of Government of India concerned
with the item should be as follows:
-------------------------------------------------------------------------------------------------------
Administrative
Ministry/Department
-------------------------------------------------------------------------------------------------------
| Drugs & Pharmaceuticals
| Department of Chemicals & Petrochemicals/Department of
Biotechnology/Ministry of Health & Family Welfare |
| Chemicals
| Department of Chemicals & Petrochemicals/Department of
Fertilizers/*Ministry of Petroleum & Natural Gas |
| Electronic equipment,Computers
| Department of Electronics |
| Telecommunication equipment
| Department of Electronics/ Department of Telecommunications
|
- R&D centres engaged in research in exploration, production
extraction and transportation of crude oil and natural gas will not be
eligible.
- In case any new item is developed/proposed to be developed, the
decision of the 'Prescribed Authority' on the category in which the new item
falls will be final.
CONDITIONS SUBJECT TO WHICH APPROVAL IS GIVEN:
5. The approval is subject to the following conditions:
- The company should have necessary valid permits / licences, if these are
required, from statutory authorities for setting up the in-house R&D
centre at the location where the R&D centre exists and the same should
be renewed from time to time as required by the said authorities.
- In case the company has applied to the Prescribed Authority for approval
of more than one in-house R&D centre under section 35(2AB) of the
I.T.Act, each of such centres should have a valid recognition by DSIR.
- Company shall not claim deduction in respect of the expenditure written
off under Section 35(2AB) under any other provision of the IT Act.
- The company should also submit an undertaking as per Part C of Form No.
3CK to maintain separate accounts for each R&D centre approved under
Section 35(2AB)
by the Prescribed Authority, and to get the accounts duly
audited every year by an Auditor as defined in sub-section (2) of section
288 of the IT Act 1961.
- The company should enter into an agreement with the ‘Prescribed
Authority’ (Secretary, DSIR) for co-operation in such research and
development facility and for audit of the accounts maintained for that
facility, as per format given in Part B of Form 3CK.
Note: The word co-operation shall, inter-alia, mean that
the first party shall be willing to undertake projects of national
importance, as may be assigned to it by the Prescribed Authority, on its
own, or in association with laboratories of CSIR, ICAR, ICMR, DRDO; DBT,
DOE, M/O Environment, DOD, DAE, Department of Space, Universities, Colleges
or any other public funded institution(s). The First Party would be free to
exploit the results of such R&D projects, subject however, to any
conditions which may be imposed by Government of India, in view of national
security or in public interest".
- The audited accounts for each year maintained separately for each
approved centre shall be furnished to the Secretary, Department of
Scientific & Industrial Research by 31st day of October of the
succeeding year, along with information as per Annexure-IV of the
Guidelines.
- Assets acquired and products, if any emanating out of R&D work done
in approved facility, shall not be disposed of without approval of the
Secretary, DSIR. Sales realisation arising out of the assets sold shall be
offset against the R&D expenditure of the R&D Centre claimed under
section 35(2AB) for the year in which such sales realisation accrues under
section 35(2AB) of IT Act, 1961. Expenditure claimed for deduction under the
sub-section shall be reduced to that extent.
- The R&D facility should not relate purely to market research, sales
promotion, quality control, testing, commercial production, style changes,
routine data collection or activities of a like nature.
- Expenditures, which are directly identifiable with approved R&D
facility only, shall be eligible for the weighted tax deduction. However,
expenditure in R&D on utilities which are supplied from a common source
which also services areas of the plant other than R&D may be admissible,
provided they are metered/measured and subject to certification by a
Chartered Accountant.
- Expenditure on manpower from departments, other than R&D centre,
such as manufacturing, quality control, tool room etc. incurred on such
functions as attending meetings providing advice / directions, ascertaining
customer choice/response to new products under development and other liaison
work shall not qualify for deduction under section 35(2AB) of I.T. Act 1961.
- Grants/Gifts, donations, presents and payments obtained by the company
for sponsored research in the approved in-house R&D centres shall be
shown as credit to the R&D accounts for the purpose of Section 35(2AB)
of I.T. Act, 1961, and the R&D expenditure claimed for deduction under
the sub-section shall be reduced to that extent.
- Expenditure of general nature, such as, expenditure on production,
maintenance and quality control departments, manufacturing overheads/
depreciation/ interest/ lease rentals on manufacturing/ quality control
equipment, manpower expenditure in manufacturing/ service departments, head
office expenditure, expenditure on security, guest house and canteen and
other overheads of common nature, shall not be admissible under Section
35(2AB) of I.T. Act.
- The approval by the ‘Prescribed Authority’ of the R&D facility for
weighted tax deduction shall be subject to the provisions of I.T. Act, as
amended from time to time.
DOCUMENTS REQUIRED FOR EXAMINATION OF APPLICATION BY
DSIR
- The following documents are required to be submitted to the Secretary,
DSIR in 3 sets.
- Applications for approval u/s 35(2AB) in Form 3CK separately, for each
R&D Centre for which approval is sought.
- Agreement as per Part B and Undertaking as per Part C of Form 3CK,
signed by the Managing Director of the company separate for each R&D
Centre for which approval is sought.
- Additional information as per Annexure-III. (separate for each
R&D Centre for which approval is sought)
- Annual Report of the company for the last 3 years.
DOCUMENTS REQUIRED TO BE SUBMITTED FOR
CERTIFICATION OF EXPENDITURE FOR DEDUCTION U/S 35(2AB)
- For certification of R&D expenditure, incurred in a financial year
falling in the approved period, the following documents are required to be
submitted in 3 sets to the Secretary, DSIR by 31st October of the
succeeding year:
- Information as per Annexure-IV, separately for each R&D
Centre approved u/s 35 (2AB) of IT Act, 1961.
- Details of expenditure incurred on R&D centre as per Appendix-I
to Annexure-IV along with Auditor's certificate, separately for
each R&D Centre approved u/s 35 (2AB) of IT Act, 1961.
- Annual report of the company for the relevant financial year.
PROCEDURE FOR APPROVAL
- The application for approval of R&D centres under section 35(2AB)
shall be examined in DSIR and the decision of the Prescribed Authority will
be communicated in Form 3CM within sixty days of the date of receipt of
application in DSIR. The approval will be given for a maximum period of 3
years. The application for further approval will be submitted as
indicated in para "6" above, three months before the expiry of the approval
period.
9. The audited accounts
for each financial year, falling in the approved period submitted to DSIR
along with additional information,as
indicated in para 6 of these guidelines will be examined by DSIR and the
decision of the Prescribed Authority will be communicated within 4 months to
the Director General of Income Tax (Exemptions), Calcutta, in Form 3CL.
10. DSIR shall provide a reasonable opportunity of being
heard to companies before rejecting their application(s) for
approvals/certification of expenditure under section 35(2AB) of I.T. Act
1961.
HOW TO APPLY FOR APPROVAL
11. The application for recognition should be submitted to
the Secretary, Department of Scientific and Industrial Research, Technology
Bhawan, New Mehrauli Road, New Delhi-110016. The envelope carrying the
application shall be marked "Application for approval u/s 35 (2AB)". All
documents indicated in para "6" of the guidelines shall be enclosed along with
the application. Envelope carrying the application shall be marked
"Application for Approval of R&D Centre u/s 35 (2AB)".
HOW TO APPLY FOR CERTIFICATION OF EXPENDITURE U/S 35 (2AB)
- Applications for certification of R&D expenditure incurred on an
in-house R&D centre approved by "Prescribed Authority" under Section
35(2AB) during a financial year falling in the approved period shall be
submitted by 31st October of the succeeding year enclosing all information
and documents as mentioned in para "7" of these guidelines to Secretary,
DSIR on the address mentioned in para "11" of these guidelines. Envelope
carrying the application shall be marked "Application for Certification of
Expenditure u/s 35 (2AB)".
- Weighted tax deduction u/s 35(2AB) are admissible starting from the
Assessment year beginning 1st April 1998. As per the Finance
(No.2) Bill, 1998 - No deductions shall be allowed in respect of the
expenditure which is incurred after 31st day of March 2000.
Annexure-I
TEXT OF SECTION 35(2AB) OF I.T. ACT, 1961
- Where a company engaged in the business of manufacture or production of
any drugs, pharmaceuticals, electronic equipment, computers,
telecommunication equipment, chemicals or any other article or thing
notified by the Board incurs any expenditure on scientific research (not
being expenditure in the nature of cost of any land or building) on in-house
research and development facility as approved by the prescribed authority,
then, there shall be allowed a deduction of a sum equal to one and one
fourth times of the expenditure so incurred.
- No deduction shall be allowed in respect of the expenditure mentioned in
clause (1) under any other provision of this Act.
- No Company shall be entitled for deduction under clause (1) unless it
enters into an agreement with the prescribed authority for co-operation in
such research and development facility and for audit of the accounts
maintained for that facility.
- The prescribed authority shall submit its report in relation to the
approval of the said facility to the Director General in such form and
within such time as may be prescribed.
- No deduction shall be allowed in respect of the expenditure referred to
in clause (1) which is incurred after the 31st day of March,
2000.
Annexure-II
PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY PART-II, SECTION 3,
SUB-SECTION (ii) DATED 27.03.1998
F.No. 142/23/97-TPL GOVERNMENT OF INDIA MINISTRY OF
FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF DIRECT TAXES
NEW DELHI, the 27th. March, 1998
S.O. 259 (E) In exercise of the powers conferred by section
295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct
Taxes, hereby makes the following rules :-
1. (1) These rules may be called the
Income-tax ( Fifth ) Amendment Rules,
1998.
(2) They shall come
into force with effect from the first day of April, 1998.
2.
In the Income-tax rules, 1962,
(A)
in rule 6,-
(a)
after sub-rule(1A), the following sub-rule shall be inserted, namely :-
"(1B) For the purposes of sub-section (2AB) of section 35,
the prescribed authority shall be the Secretary, Department of Scientific and
Industrial Research.";
(b) after sub-rule(3), the following
sub-rule shall be inserted, namely :-
"(4) The application required to be furnished by a company
under sub-section(2AB) of section 35 shall be in Form
No.3CK.";
(c) after sub-rule(5), the following
sub-rule shall be inserted, namely :-
"(5A) The prescribed authority shall, if he is satisfied that
the conditions provided in this rule and in sub-section (2AB) of section 35 of
the Act are fulfilled, pass an order in writing in Form No.3CM:
Provided that a reasonable opportunity of being heard
shall be granted to the company before rejecting an application:
Provided further that an order under this rule shall be
passed within two months of the receipt of application under sub-rule
(4)."
(d) after sub-rule(7), the following
sub-rule shall be inserted namely :-
"(7A) Approval of expenditure incurred on in-house research
and development facility by a company under sub-section (2AB) of section 35
shall be subject to the following conditions, namely :-
(a) The facility should not relate purely to market research,
sales promotion, quality control, testing, commercial production, style
changes, routine data collection or activities of a like nature;
(b) The prescribed. authority shall submit its report in
relation to the approval of in-house Research and Development facility in Form
No. 3CL to the Director General (Income Tax Exemptions) within sixty days of
its granting approval;
(c) The company shall maintain a separate account for each
approved facility; which shall be audited annually and a copy thereof shall be
furnished to the Secretary, Department of Scientific and Industrial Research
by 31st day of October of each succeeding year;
Explanation:- For the purposes of this sub-rule the
expression "audited" means the audit of accounts by an accountant, as defined
in the Explanation below sub-section (2) of section 288 of the
Income-tax Act, 1961.
(d) Assets acquired in respect of development of scientific
research and development facility shall not be disposed off without the
approval of the Secretary, Department of Scientific and Industrial
Research";
(B) in Appendix II, after Form 3CJ the following Forms
shall be inserted, namely:-
FORM NO. 3CK
Application form for entering into an agreement with the
Department of Scientific and Industrial Research for cooperation in in-house
Research and Development facility and for audit of the accounts maintained for
that facility.
PART A
1Name and Address of the registered
office of the company including Telex/Fax/Phone numbers
2Permanent Account Number (PAN) of the
company 3Please specify the nature and
Business/activity of the company-Manufacture/production of –
- Drugs
- Pharmaceuticals
- Electronic Equipments
- Computers
- Telecommunications Equipments
- Chemicals
- Any other article or thing notified under sub-section (2AB) of section
35
(please specify)
4Annual production of the eligible
products of the company during the past three years-
5Annual expenditure on scientific
research of the company during the past three years, giving break-up of
expenditure on land and buildings.
6 Please give details of nature of
existing in-house Research and Development facilities including the address of
the in-house Research and Development facility.
7 Registration number, date and
validity of recognition granted by Department of Scientific and Industrial
Research to the in-house Research and Development centre of the company.
8 Proposed objectives of scientific
research contemplated by the company.
PART B
AGREEMENT
Whereas,....................................(hereinafter
referred to as First Party) and the Department Of Scientific and Industrial
Research (hereinafter referred to as Second Party), have decided to enter into
an agreement, that-
- the First Party shall maintain an in-house Research and Development
facility to be approved by the Second Party,
- the above Research and Development facility shall be exclusively used by
the First Party to carry out scientific research relating to manufacture or
production of any drugs, pharmaceuticals, electronic equipments, computers,
telecommunication equipments, chemicals or any other article or thing
notified by the Central Board of Direct Taxes, under sub-section (2AB) of
section 35.
- the First Party shall provide full co-operation to the Second Party in
carrying out the Research and Development work relating to manufacture or
production of any drugs, pharmaceuticals, electronic equipments, computers,
telecommunication equipments, chemicals or any other article or thing
notified by the Central Board of Direct Taxes under sub-section(2AB) of
section 35.
- the First Party shall maintain separate accounts for both revenue and
capital expenditure on scientific research including that on in-house
Research and Development facility, which shall be annually audited by an
accountant as defined in section 288(2) of the Income-tax Act, 1961, and a
copy of which has to be attached with the return of income under
sub-section(1) of section 139 to claim deduction under section 35(2AB),
- subject to the First Party meeting the conditions specified under
sub-section(2AB) of section 35, and on being satisfied of the feasibility of
the said in-house Research and Development facility in terms of its
objectives and of the genuineness of the expenditure on said Research and
Development facility by First Party, the Second Party shall submit its
report in relation to the approval of the said facility to the Director
General of Income-tax (Exemptions) within a period of sixty days from the
date on which the First Party makes application in the Form No. 3CK.
Agreed on the........................day
of............................month of.......................year.
First Party
_______________________
_______________________
Signature of the Principal Officer of the company
(Name, Designation and Address)
Place...............
Date................
Witness
_______
Signature
(Name and address)
Place.................
Date..................
Second Party
_________________________
Signature of/on behalf of the Secretary, Department of Scientific &
Industrial Research
Place.................
Date..................
Witness
________
signature
(Name and address)
Place..................
Date...................
PART C
Certified that the above information is true to the best of our knowledge
and belief.
We undertake to:
- maintain separate accounts for both revenue and capital expenditure on
scientific research including that on in-house Research and Development
facility, which shall be annually audited by an accountant as defined in
sub-section (2) of section 288 of the Income-tax Act, 1961, and a copy of
which has to be attached with the return of income under sub-section(1) of
section 139 to claim deduction under sub-section(2AB) of section 35;
- submit annual progress reports to the Secretary, Department of
Scientific and Industrial Research;
- render full co-operation to the in carrying-out the Research and
Development work relating to manufacture or production of any drugs,
pharmaceuticals, electronic equipments, computers, telecommunication
equipments, chemicals or any other article or thing notified by the Central
Board of Direct Taxes under sub-section (2AB) of section 35; and
- assets acquired by the approved facility will be utilized only
for the approved purpose and shall not be disposed off without the
approval of the Secretary, Department of Scientific and Industrial Research.
-------------------------------------
-------------------------------------
Signature of the Principal Officer of the company
(Name, Designation and address)
Place……………………
Date……………………
Notes:
- Six sets of duly filled applications are to be submitted to the
Secretary, Department of Scientific & Industrial Research.
- Copy of the latest Annual Report along with Balance Sheet has to be
enclosed.
- Enclose a copy of DSIR recognition of the in-house (R&D) centre.
FORM No. 3CL
Report to be submitted by the prescribed authority to the
Director General (Income-tax Exemptions) under section 35(2AB) of the
Income-tax Act, 1961.
- Name and Address of the registered office of the company including
Telex/Fax/Phone numbers
- Permanent Account Number (PAN) of the company Name and designation of
the Principal Officer of the company
- Nature of Business/activity of the company Manufacture/production of –
Drugs
Pharmaceuticals
Electronic Equipments
Computers
Telecommunications Equipments
Chemicals
Any other article or thing notified under sub-section (2AB)
of section 35.
(please specify)
- Annual production of the eligible products of the company during the
past three years-
- Proposed objectives of scientific research contemplated by the company.
- Whether the nature of the business is related to the proposed objectives
of the scientific research contemplated by the company.
- Details of the nature of existing in-house Research and Development
facilities specifying whether the in-house Research and Development facility
is adequate for carrying out scientific research.
- Whether recognition granted to the in-house Research and Development
centre of the company by Department of Scientific and Industrial Research.
- Total cost of in-house research facility, giving break-up of expenditure
on land and buildings (ASSESSMENT YEAR ________)
- Whether agreement for co-operation and Research and Development facility
and for audit of the accounts maintained for that facility entered into.
Certified that the above information is true to the best of
our knowledge and belief.
--------------------------------------
Signature of Secretary, DSIR
Place : ....................
Date : .................….
FORM NO. 3CM
Order of approval of in-house research and
development facility under section 35(2AB) of the Income-tax Act.
1961
- Name, Address and PAN of the company
- Nature of the business of the company – Manufacture/production of
article or thing
- Objectives of the scientific research to be conducted by in-house
Research and Development facility
- Address at which such Research & Development facility is
located
- Ref. No. and Date of the application
The above Research & Development facility is approved for the purpose
of section 35(2AB), subject to the conditions underlined therein.
Place :…………………..
Date : …………………... …………………………………………
(Signature)
(Name)
Secretary, DSIR
(Seal)
File No..………………
Order No……………..
Copy to:
(1) Company
(2) The Director General ( Income-tax Exemption)
ANNEXURE-III
ADDITIONAL INFORMATION REQUIRED BY DSIR FOR THE APPROVAL OF
R&D FACILITY U/S 35(2AB) OF I.T. ACT
(To be filled
up separately for each R&D centre for which approval of the Prescribed
Authority is sought)
PART-A
1. Name of the Company:
2. Address:
- Head Office:
(with Telex No.
& Telegraphic address)
- Delhi Office (with Telephone No.):
- Email Address:
- Factory/Factories:
- Location of R&D Laboratory(ies):
recognised by DSIR
- Location of R&D Laboratory(ies):
for which approval U/s 35(2AB) is applied for
3. Nature of Business :
[Please indicate which of the items listed in
Section 35(2AB) of I.T. Act are produced/ manufactured by the Company
along with the classification number as per Indian Trade Classification
(harmonised commodity description and coding system)]
4. Company Structure:
- Public/Private/Co-operative/Joint Sector/:
Proprietary/Partnership concern/NRI supported
firm/100% EOU
- Whether Foreign Equity Participation ?:
Please give name of foreign equity participant
and percentage thereof.
- Names of Directors on the Board/:
Proprietors (attach a separate list)
5. Capital Structure :
- Paid-up Capital:
- Copy of last Annual Report and :
statements of accounts (Please attach separately)
6. Category of the firm:
- Small Scale Unit:
- Medium Scale Unit:
- Large Scale Unit:
7. Administrative Ministry concerned :
8. (a) Technical Collaboration, if any :-
|
Sl.No. |
Product |
Name & address of the
Technical Collaborator |
History of
Collaboration |
|
1. |
2. |
3. |
4. |
| |
|
|
|
N.B. Under Col. 4, Please indicate years of approval(s)
including extensions and the date of expiry of existing Collaboration
agreements.
b) Details of R&D collaboration entered into/ applied for :
9. Annual turnover for the last 3 years (year-wise)
: 10.Main products manufactured :
|
Sl.No. |
Product |
Capacity licensed
If licensing is
Applicable |
Capacity Installed
|
Yearly Production ( 3 years) |
| |
|
|
|
| 11.Total
manpower employed by the company including those in R&D
- Scientific & Technical Personnel having :
graduate degree in
engineering/technology or Master’s degree in Science
- Administrative (non-technical) :
- Others (including workmen) :
Total :
B. RESEARCH & DEVELOPMENT
- Details of the recognition of In-house R&D Centre
- Year of DSIR recognition granted initially :
and its validity
period
- Current recognition letter No. and :
its validity period
- Break in recognition, if any :
- Main Objectives of the R&D Programmes :
- Whether R&D establishment is housed in a :
separate area/
building inside/outside the factory premises
15. (a) Are the R&D
activities separate from
production and quality control ? (b)Are separate accounts maintained
for : R&D expenditure ?, If so the financial : year from which the
separate accounts are maintained ? (c)Approx. floor area of the R&D
unit. :
16. Changes if any, since the
application of recognition/renewal was made :
- Manpower :
- Floor area :
- R&D and pilot plant facilities :
17. List of equipment and imported materials procured for
R&D purposes. (Please attach
separate list indicating their cost and sources as per Appendix-I)
- Total gross book value of indigenous :
R&D equipment as at the end of the last financial year
- Total gross book value of imported R&D :
equipment as at the end of last financial year (Year-wise for last 3 years)
- Gross cumulative value of R&D assets :
as on date
- Gross cumulative value of all quality :
control and testing facilities/equipment (other than R&D facilities) as on date.
18. (a) Name and
Designation of R&D Head :
- Bio-data of 10 top R&D personnel giving following details
(please attach as separate sheet)
- Name :
- Designation :
- Qualification :
- Date of appointment :
- Total annual emoluments :
- Experience :
19. R&D projects in
progress : (please give details as per
proforma at Appendix-2)
20. R&D projects
proposed during the next three years. : (Please give details as per proforma at Appendix-3)
21. Details of R&D
achievements during the last 3 years. (Please enclose photographs of new items developed,
plants/pilot plant set up based on your
own R&D) :
- New Products developed :
- New processes developed :
- Improvement in existing production :
processes
- Energy conservation :
- Pollution control :
- Import substitution :
(indicate items developed and foreign exchange earned)
- Seminars/symposia attended by R&D staff :
(attach a separate sheet giving details)
- Number of papers published :
(attach reprints if available)
- Number of R&D personnel who attended :
R&D training programmes (Give details in a separate sheet).
j Awards if any won (Give Details) :
22. Patents filed in
India or abroad during the last 3 years :
|
Sl.No. |
Product/Process |
Name of the Country |
Year |
Patent No. |
| |
|
|
|
|
23. Whether any of the
new technologies developed have been
- Commercialised by you :
|
Sl.No. |
Technology |
Year |
|
1. |
2. |
3. |
|
|
|
|
b.Exported :
|
Sl.No. |
Technology |
Year |
Exported to |
| |
|
|
Party |
Country |
|
1. |
2. |
3. |
4. |
5. |
|
|
|
|
|
|
24. Expenditure on
R&D (including staff salary) Please furnish year-wise figures for the past three years
(actuals), current year (budgeted) and estimated for the next three years.
|
Particulars |
Year-wise for Past three years |
Current year |
Next three
Years (Yearwise) |
| |
(Actuals) |
(Budgeted) |
(Estimated) |
- Capital
(i) Land
(ii) Building
(iii) Equipment
Total (Capital)
- Recurring
- Total (a+b)
- Foreign exchange of (c)
(i) Capital
(ii) Recurring
(iii) Total [d(i)+d(ii)] |
|
|
|
25. Indicate the total R&D expenditure year-wise
inclusive of staff salary for the past 3 years as in 23 ‘C’ and express the same as a percentage of total
turnover:
|
Sl.No. |
Year |
Total R&D
Expenditure |
Annual Turnover |
Percentage |
|
1. |
2. |
3. |
4. |
5. |
|
1.
2.
3. |
|
|
|
|
26. Please indicate
income-tax rebate allowed, if any, : on R&D expenditure during the past three years
27.
Manpower employed on R&D (existing) :
|
Category |
Full-time on R&D |
| |
(Number) |
- Scientists
- Engineers
- Technicians
- Others
Total |
|
28.
Educational status of R&D personnel (existing)
|
Qualifications |
Full-time on R&D |
| |
(Number) |
- Doctorate Degree
- Master’s Degree
- Graduates
- Diploma Holders
- Others
Total |
|
29.
Proposed recruitment of R&D personnel during the next three years
|
Category |
1 |
2 |
3 |
4 |
- Doctorate Degree
- Master’s Degree
- Graduates
- Diploma Holders
- Others
Total |
|
|
|
| 30.(a) Have you obtained any assistance/purchased
: know-how from NRDC or any of the
National laboratories/Universities/IITs/ other institutions
during the last 3 years ? If
so,please give details along with
year and source.
(b) Whether any of the items of R&D work in :
progress or proposed by you is
being done elsewhere in country ?
If so,please furnish details :
(c)Have you applied to DSIR
for any of the : following; if so,
please furnish details :
(i) Certificate for claiming
accelerated : depreciation allowance
on Plant and machinery set up based
on indigenous R&D.
(ii)Certificate for claiming
Price : Control exemption of bulk
drugs produced from basic stage
through indigenous R&D.
(iii)Financial support for
R&D : programmes.
(iv)Any other assistance :
I certify that all the
particulars furnished above are correct and complete to the best of my
knowledge and belief.
Date : Signature Place
: (To be signed by M.D/Chairman
or Head of the
Organisation) Name : Designation : Full Address : Tel. Numbers :
APPENDIX 1 to ANNEXURE III
DETAILS OF IMPORTS MADE FOR R&D PURPOSES
- CAPITAL GOODS (LIST)
|
Sl.No |
Year of Import |
Description |
CIF Value |
How utilized |
|
|
|
|
|
|
- RAW MATERIALS (LIST)
|
Sl.No |
Year of Import |
Description |
CIF Value |
How utilized |
|
|
|
|
|
|
- OTHERS (LIST)
|
Sl.No |
Year of Import |
Description |
CIF Value |
How utilized |
|
|
|
|
|
|
APPENDIX 2 to ANNEXURE III
DETAILS OF R&D PROGRAMMES/PROJECTS IN PROGRESS
|
S.No |
Title & Scope of the R&D Project |
Name of the Project Leader |
Year in which started |
Duration of the Project |
Estimated Project Cost¶ |
Remarks |
|
Capital |
Recurring |
Total |
F.E |
|
1. |
2. |
3. |
4. |
5. |
6. |
7. |
8. |
9. |
10. |
|
|
|
|
|
|
|
|
|
|
|
Note : Please enclose a write-up on progress so far and
R&D work planned for future under the project
Note : Please enclose a write-up on progress so far and
R&D work planned for future under the project
¶ Please reconcile with your R&D expenditure as per item 24 (Part
‘B’ of the application)
APPENDIX 3 to ANNEXURE III
DETAILS OF PROPOSED R&D WORK
(FOR THE NEXT THREE YEARS)
DETAILS OF PROPOSED R&D WORK
(FOR THE NEXT THREE YEARS)
|
Year |
Serial No |
Title & Scope of the project |
Name of the project leader proposed |
Duration of the Project |
Total estimated Project Cost |
List of specialised equipment required to be purchased
and indicate their cost |
List of any Special raw material required with
cost |
Remarks (indicate specific reasons if any, for
proposing the R&D projects) |
| |
|
|
|
|
Capital |
Recurring |
Total |
F.E |
|
|
|
|
1. |
2. |
3. |
4. |
5. |
6. |
7. |
8. |
9. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Annexure-IV
Additional Information to be submitted separately for each
R & D Centre approved by the Prescribed Authority U/S 35(2AB) of I.T.
Act at the time of certification of the expenditure by secretary DSIR as per
form 3CL
Accounting Year: Assessment Year:
- A brief note on progress of each of the projects shown in application
to Prescribed Authority at the time of approval. Any changes with regard
to the scope of the projects as originally envisaged and the manpower
working on the project may be highlighted.
- Details of any additional projects taken up during the year.
- Details of changes if any in the R&D infrastructure/and staff
along with bio-data of any new R&D staff recruited and
qualification-wise break-up of existing staff.
- Details of R&D achievements and technologies commercialised during
the year.
- Details of patents obtained and/or filed during the year.
- Details of any other changes in the approved R&D centre.
- Details of R&D expenditure certified by the auditor as per
Appendix-I to this Annexure.
I certify that the above details are correct as per my knowledge and
belief.
Signature of the Managing Director
Date:
Place:
Appendix-I to Annexure-IV
Details of expenditure incurred on R&D
centre/facility approved by Secretary, DSIR u/s
35(2AB)
1. Assessment Year:2.Financial
Year:
3. Location of the R&D facility:
4. Details of expenditure: (in Rs. Lakhs)
A. (i) Land
(ii) Buildings
B. (i) Capital Equipment (attach a separate sheet giving item-wise break-up of items costing more than
Rs. 1 lakh)
(ii) Salaries/wages
(including perquisites/other benefits; attach a list of
persons along with designation, whose salary has been charged to R&D
account along with salaries and other benefits paid.)
(iii)
Material/Consumables/spares (Give
item-wise details of items costing more than Rs. 50,000/- each in separate sheet)
(iv) Utilities§
- compressed air
- water
- electricity
- Any others (specify)
(v) Any other expenditure directly
related to R&D. (Give item-wise
break-up of expenditure more than Rs. 1
lakh in separate sheet)
Total expenditure B(i)to(v)eligible U/S
35(2AB)
C. Total expenditure on the approved R&D centre. (A + B)
D. Details of amounts received by the R&D Centre in cash and kind
for:
- Commercial sale of prototypes
- Donations/payments for sponsored research programmes
- Others (specify)
E. Net amount chargeable to
R&D expenditure (C – D)
I certify that above expenditure claimed are as per the guidelines issued
by DSIR and correct to the best of my knowledge and belief.
Signature of the Managing Director
Date :
Place:
AUDITOR'S CERTIFICATE
I have audited the accounts of the in-house R&D Centre of
M/s _______________________________ located at _______________________ which is
approved U/S 35(2AB) by the Prescribed Authority (Secretary, DSIR).
I certify that:
- The company has maintained separate accounts for the R&D Centre
approved by DSIR U/S 35(2AB)
- The accounts have been satisfactorily maintained. The expenditure
certified are also in consonance with DSIR guidelines.
- The firm has extended full co-operation to me in carrying out the audit of
the accounts of the R&D Centre
The expenditure reported at `4’ above is
correct to the best of my knowledge and belief as per the result of the audit of
the approved R&D Centre carried out by me.
Signature & Seal of the Auditor
Date :
Place:
GUIDELINES FOR APPROVAL OF IN-HOUSE R&D CENTRES AND
CERTIFICATION OF EXPENDITURE UNDER SECTION 35(2AB) OF IT ACT 1961
JANUARY 1999
DEPARTMENT OF SCIENTIFIC & INDUSTRIAL RESEARCH MINISTRY OF
SCIENCE AND TECHNOLOGY TECHNOLOGY BHAVAN, NEW MEHRAULI ROAD NEW
DELHI
CONTENTS
PARTICULARS PAGE NO.
Preamble 1
R&D Centres eligible for approval 1
Conditions subject to which approval is given 2
Documents required for examination of applications 4 by DSIR
Documents required to be submitted for certification 4 of expenditure for deduction u/s 35(2AB)
Procedure for approval 4
How to apply for approval 5
How to apply for certification of expenditure 5
ANNEXURE-I
Text of Section 35(2AB) of IT Act, 1961 6
ANNEXURE-II
Text of Notification S.O 259(E) dt 27.3.98 7 for amendments in IT Rules
ANNEXURE-III
Additional Information required by DSIR 15
for the approval of R&D facility
u/s 35(2AB) of I.T. Act
ANNEXURE-IV
Additional Information to be submitted 25
separately for each R&D Centre
approved by the Prescribed Authority
u/s 35(2AB) of I.T. Act at the time of
certification of the expenditure by
Secretary, DSIR as per form 3CL.
|