April 24, 2023

Understanding Quorum for Board Meetings under Section 174 of Companies Act 2013

Introduction The Companies Act 2013 is a comprehensive legislation that governs the functioning of companies in India. It lays down various rules and regulations that companies must adhere to, including the requirement of holding board meetings under Section 173 of the Act. In this blog, we will focus on the quorum requirements for board meetings under Section 174 of the Companies Act 2013. We will provide a step-by-step guide to help you understand the quorum requirements and ensure that your board meetings are conducted in accordance with the law. Understanding Quorum in Board Meetings Quorum is the minimum number of members required to be present at a meeting to make the proceedings of the meeting valid. It ensures that decisions made during a meeting are not arbitrary and represent the consensus of the majority of the Board members. As per Section 174 of the Companies Act 2013, a quorum of a Board meeting should be: One-third of the total strength of the Board or Two directors, whichever is higher. For example, if a company has nine directors, then the quorum for a Board meeting would be three. On the other hand, if a company has only four directors, then the quorum for a Board meeting would be two. Steps to Determine Quorum for Meetings of Board Determining the quorum for Board meetings is an important aspect of corporate governance. Below are the steps to calculate the quorum for a Board meeting: Step 1: Determine the total strength of the Board The total strength of the Board is the number of directors appointed to the Board of a company. It can be determined by referring to the company’s articles of association or the resolution passed by the Board of Directors. Step 2: Calculate one-third of the total strength of the Board One-third of the total strength of the Board is the minimum number of directors required to form a quorum. For example, if a company has nine directors, one-third of the total strength of the Board would be three directors. Step 3: Determine the minimum number of directors required for quorum The minimum number of directors required for quorum is either one-third of the total strength of the Board or two directors, whichever is higher. Step 4: Check for the nearest number In case the total strength of the Board is not a multiple of three, the quorum should be calculated based on the nearest number. For example, if a company has 11 directors, one-third of the total strength of the Board would be 3.67, which should be rounded off to four directors. Consequences of Not Maintaining Quorum Not maintaining quorum can have serious consequences for a company. Some of the consequences are: Delay in decision-making: If a quorum is not present, decisions cannot be taken, leading to a delay in decision-making. Invalid decisions: Decisions taken without quorum are invalid and can be challenged in court. Legal action: Non-compliance with the quorum requirements can result in legal action against the company and its directors   FAQs Q. What happens if a quorum is not met for a board meeting? A. If a quorum is not met for a board meeting, the meeting cannot proceed, and any business transacted at the meeting will be deemed invalid. Q. Can a director appoint a proxy to attend a board meeting? A. Yes, a director can appoint a proxy to attend a board meeting on their behalf. The proxy must be a member of the company and must be authorized to act as a proxy by the director. Q. Can a director who is interested in a contract or arrangement be counted towards the quorum? A. No, a director who is interested in a contract or arrangement that is to be discussed at the meeting cannot be counted towards the quorum. Section 174 of Companies Act 2013 (1) The quorum for a meeting of the Board of Directors of a company shall be 1[one third of its total strength or two Directors, whichever is higher], and the participation of the Directors by video conferencing or by other audio visual means shall also be counted for the purposes of quorum under this sub-section.] (2) The continuing Directors may act notwithstanding any vacancy in the Board; but, if and so long as their number is reduced below the quorum fixed by the Act for a meeting of the Board, the continuing Directors or director may act for the purpose of increasing the number of Directors to that fixed for the quorum, or of summoning a general meeting of the company and for no other purpose. 2,3&4[(3) Where at any time the number of interested Directors exceeds or is equal to two thirds of the total strength of the Board of Directors, the number of Directors who are not interested Directors and present at the meeting, being not less than two, shall be the quorum during such time. Explanation.—For the purposes of this sub-section, “interested director” means a director within the meaning of sub-section (2) of section 184.] (4) Where a meeting of the Board could not be held for want of quorum, then, unless the articles of the company otherwise provide, the meeting shall automatically stand adjourned to the same day at the same time and place in the next week or if that day is a national holiday, till the next succeeding day, which is not a national holiday, at the same time and place. Explanation.—For the purposes of this section,— (i) any fraction of a number shall be rounded off as one; (ii) “total strength” shall not include Directors whose places are vacant. Exceptions/ Modifications/ Adaptations 1. In case of section 8 company, in Sub-section (1) of section 174, for the words “onethird of its total strength or two Directors, whichever is higher”, the words “either eight members or twenty five per cent, of its total strength whichever is less” shall be substituted. The following proviso shall be inserted namely in case of section 8 company – “provided that the quorum shall not be less than two members”. –Notification dated 5th june, 2015. 2. In case of Specified IFSC Public Company – Sub-section (3) of section

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Title: Mastering the Art of Conducting Board Meetings under Section 173 of Companies Act 2013: A Comprehensive Guide

Introduction As per the Companies Act 2013, conducting regular board meetings is mandatory for every company. The purpose of these meetings is to discuss and make decisions on various matters related to the company’s growth and development. To ensure transparency and accountability, the Companies Act 2013 provides a detailed framework for conducting board meetings, including the procedure, frequency, and quorum required. In this blog, we will provide a step-by-step guide on how to conduct board meetings under Section 173 of the Companies Act 2013. We will cover everything from the pre-meeting preparations to the post-meeting follow-up, including FAQs and practical tips. Pre-Meeting Preparation Before conducting a board meeting, there are several things you need to do to prepare yourself and your team. Here’s a step-by-step guide on what to do: Set the Agenda: The first step is to set the agenda for the meeting. This should be done well in advance of the meeting and should include all the items that need to be discussed. The agenda should be circulated among all the board members to give them sufficient time to prepare. Select the Date and Venue: Once the agenda is set, the next step is to select the date and venue for the meeting. The date should be convenient for all the board members, and the venue should be easily accessible and have all the necessary facilities. Send the Meeting Notice: Once the date and venue are finalized, the meeting notice should be sent to all the board members. The notice should include the date, time, and venue of the meeting, along with the agenda. Ensure Quorum: It is mandatory to have a quorum of at least two directors or one-third of the total strength of the board members, whichever is higher. Therefore, before the meeting, make sure that there are enough members present to constitute a quorum. Conducting the Meeting Once the pre-meeting preparations are done, it’s time to conduct the meeting. Here’s a step-by-step guide on how to do it: Start with Welcome and Introductions: Begin the meeting by welcoming everyone and introducing any new members. This helps in setting a positive tone for the meeting and creating a conducive environment for discussion. Follow the Agenda: Stick to the agenda and discuss each item in detail. Ensure that all the members get an opportunity to express their views and opinions. Record the Minutes: It is mandatory to record the minutes of the meeting. The minutes should include the names of the members present, the agenda items discussed, the decisions taken, and the action points. Make sure to circulate the minutes among all the members after the meeting. Vote on Resolutions: If there are any resolutions to be passed, ensure that they are put to vote in accordance with the Companies Act 2013. The votes should be recorded in the minutes, along with the names of the members who voted for or against the resolution. Post-Meeting Follow-Up After the meeting is over, there are a few things that you need to do to wrap up the proceedings. Here’s a step-by-step guide on what to do: Circulate the Minutes: As mentioned earlier, the minutes should be circulated among all the members after the meeting. This ensures that everyone is aware of the decisions taken and the action points. Follow-up on Action Points: Follow up on the action points and ensure that they are completed within the stipulated timeframe. It is also a good practice to periodically check on the progress of the action points until they are completed. File the Minutes: Once the minutes have been circulated and approved, they should be filed with the Registrar of Companies. This is a legal requirement under the Companies Act 2013. FAQs Q. Is it mandatory to conduct board meetings under Section 173 of the Companies Act 2013? A. Yes, it is mandatory for every company to conduct board meetings under Section 173 of the Companies Act 2013. Q. What is the minimum quorum required for board meetings? A. The minimum quorum required for board meetings is two directors or one-third of the total strength of the board members, whichever is higher. Q. Can board meetings be conducted online? A. Yes, board meetings can be conducted online through video conferencing or other audio-visual means. Conclusion Conducting board meetings under Section 173 of the Companies Act 2013 is a crucial aspect of corporate governance. By following the step-by-step guide provided in this blog, you can ensure that your meetings are conducted smoothly and effectively. Remember to prepare well in advance, follow the agenda, and record the minutes accurately. With these best practices in place, you can master the art of conducting board meetings and help your company achieve its growth and development objectives. Section 173 of Companies Act 2013 (1) Every company shall hold the first meeting of the Board of Directors within thirty days of the date of its incorporation and thereafter hold a minimum number of four meetings of its Board of Directors every year in such a manner that not more than one hundred and twenty days shall intervene between two consecutive meetings of the Board: Provided that the Central Government may, by notification, direct that the provisions of this sub-section shall not apply in relation to any class or description of companies or shall apply subject to such exceptions, modifications or conditions as may be specified in the notification.] (2) The participation of Directors in a meeting of the Board may be either in person or through video conferencing or other audio visual means, as may be prescribed, which are capable of recording and recognising the participation of the Directors and of recording and storing the proceedings of such meetings along with date and time: Provided that the Central Government may, by notification, specify such matters which shall not be dealt with in a meeting through video conferencing or other audio visual means. 5[Provided further that where there is quorum in a meeting through physical presence of Directors, any other director may participate through video conferencing or other audio visual means in

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A Complete Guide to Understanding Expenditure on Skill Development Project Section 35CCD of Income Tax Act 1961

A Complete Guide to Understanding Expenditure on Skill Development Project Section 35CCD of Income Tax Act 1961

Introduction In recent years, the Indian government has been taking steps to encourage skill development and improve the employability of its citizens. One such step is the introduction of Expenditure on Skill Development Project Section 35CCD of Income Tax Act 1961. This section allows businesses to claim a tax deduction on their expenditure related to skill development projects. The government’s aim behind this section is to promote skill development activities in the country, which will ultimately lead to the creation of a skilled workforce that can contribute to the country’s economic growth. In this blog post, we’ll explain in detail what Expenditure on Skill Development Project Section 35CCD of Income Tax Act 1961 is, how it works, and how it can benefit you or your organization. What is Expenditure on Skill Development Project Section 35CCD of Income Tax Act 1961? Expenditure on Skill Development Project Section 35CCD of Income Tax Act 1961 is a section of the Income Tax Act that provides tax benefits to businesses that incur expenditure on skill development projects. Under this section, businesses can claim a deduction of 150% on their expenditure related to skill development projects. How does Expenditure on Skill Development Project Section 35CCD of Income Tax Act 1961 work? The process of claiming a deduction under Expenditure on Skill Development Project Section 35CCD of Income Tax Act 1961 is quite simple. Businesses need to follow these steps: First, they need to identify the skill development project they want to undertake. Then, they need to estimate the total expenditure they will incur on the project. Next, they need to ensure that the project meets the criteria specified under the section. Finally, they can claim a deduction of 150% on the total expenditure incurred on the project in their income tax return. It is important to note that the deduction can only be claimed by businesses that are engaged in the business of providing skill development training or have incurred expenditure on skill development projects. What are the criteria for a project to be eligible for a deduction under Expenditure on Skill Development Project Section 35CCD of Income Tax Act 1961? To be eligible for a deduction under Expenditure on Skill Development Project Section 35CCD of Income Tax Act 1961, the skill development project must meet the following criteria: The project must be approved by the National Skill Development Corporation (NSDC) or any other organization notified by the central government. The project must be in line with the National Skill Qualification Framework (NSQF). The project must lead to the issuance of a certificate or diploma to the trainee. If the skill development project meets all these criteria, businesses can claim a deduction of 150% on their expenditure related to the project. What are the benefits of Expenditure on Skill Development Project Section 35CCD of Income Tax Act 1961? There are several benefits of Expenditure on Skill Development Project Section 35CCD of Income Tax Act 1961, both for businesses and for the country as a whole. Some of these benefits are: Encourages skill development: The section encourages businesses to invest in skill development projects, which helps in the creation of a skilled workforce. This, in turn, can lead to increased productivity and economic growth. Tax benefits for businesses: Businesses can claim a deduction of 150% on their expenditure related to skill development projects. This can result in significant tax savings for businesses. Improved employability: Skill development projects can improve the employability of individuals, making them more desirable to potential employers. This can lead to reduced unemployment and improved standards of living. Increased competitiveness: A skilled workforce can help businesses become more competitive, both nationally and internationally. This can lead to increased revenue and profits for businesses. FAQs about Expenditure on Skill Development Project Section 35CCD of Income Tax Act 1961 Is the deduction available to all businesses? No, the deduction is only available to businesses that are engaged in the business of providing skill development training or have incurred expenditure on skill development projects. What is the maximum deduction that can be claimed under this section? The maximum deduction that can be claimed is 150% of the expenditure incurred on the skill development project. Is there any limit on the amount of expenditure that can be claimed as a deduction? No, there is no limit on the amount of expenditure that can be claimed as a deduction. Can the deduction be carried forward to future years? No, the deduction cannot be carried forward to future years. How can businesses claim the deduction under this section? Businesses can claim the deduction by including the expenditure related to the skill development project in their income tax return and applying the 150% deduction to the amount. Conclusion Expenditure on Skill Development Project Section 35CCD of Income Tax Act 1961 is a beneficial provision that encourages businesses to invest in skill development projects. The section provides tax benefits to businesses and helps in the creation of a skilled workforce, which can lead to increased productivity and economic growth. To be eligible for the deduction, businesses need to ensure that the skill development project meets the criteria specified under the section. Businesses that are engaged in the business of providing skill development training or have incurred expenditure on skill development projects should take advantage of this provision to reduce their tax liability and contribute to the country’s economic growth. Section 35CCD, of Income Tax Act, 1961 Section 35CCD, of Income Tax Act, 1961 states that (1) Where a company incurs any expenditure (not being expenditure in the nature of cost of any land or building) on any skill development project notified by the Board in this behalf in accordance with the guidelines as may be prescribed67, then, there shall be allowed a deduction of a sum equal to one and one-half times of such expenditure : Provided that for the assessment year beginning on or after the 1st day of April, 2021, the provisions of this sub-section shall have effect as

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All you need to know about Expenditure on Agricultural Extension Project Section 35CCC of Income Tax Act 1961

Learn about the Expenditure on Agricultural Extension Project Section 35CCC of Income Tax Act 1961, its benefits, and how to claim it.

Introduction The Expenditure on Agricultural Extension Project Section 35CCC of Income Tax Act 1961 is a scheme introduced by the Indian government to encourage investments in agricultural extension projects. The scheme allows for tax benefits for individuals and companies that invest in such projects. Agricultural extension projects are those that aim to improve agriculture practices and promote the use of modern technologies and techniques in farming. In this blog, we will cover everything you need to know about Expenditure on Agricultural Extension Project Section 35CCC of Income Tax Act 1961. We will discuss the benefits of the scheme, the eligibility criteria, and how to claim the tax benefits. Benefits of Expenditure on Agricultural Extension Project Section 35CCC Investing in agricultural extension projects not only helps in promoting sustainable agriculture practices but also comes with tax benefits. Here are some of the benefits of Expenditure on Agricultural Extension Project Section 35CCC: Tax exemption: Individuals and companies that invest in agricultural extension projects are eligible for a deduction of up to 100% of the amount invested. This deduction can be claimed for up to 5 consecutive years from the year of commencement of the project. Promotion of sustainable agriculture practices: The scheme aims to promote the use of modern technologies and techniques in farming, leading to more sustainable agriculture practices. This, in turn, can help in improving the productivity of the agricultural sector. Encouragement of private investment: The scheme encourages private investment in the agricultural sector, leading to more opportunities for farmers and other stakeholders in the sector. Eligibility criteria for Expenditure on Agricultural Extension Project Section 35CCC To be eligible for tax benefits under the scheme, individuals and companies must meet certain criteria. Here are the eligibility criteria for Expenditure on Agricultural Extension Project Section 35CCC: Investment in agricultural extension projects: The scheme is applicable only for investments made in agricultural extension projects. These projects should aim to promote sustainable agriculture practices and the use of modern technologies in farming. Approval by the National Committee: The agricultural extension project should be approved by the National Committee. The National Committee is responsible for approving projects that meet the criteria set by the government. Maintenance of records: Individuals and companies claiming tax benefits under the scheme must maintain proper records of the investment made and the project’s progress. How to claim tax benefits under Expenditure on Agricultural Extension Project Section 35CCC To claim tax benefits under Expenditure on Agricultural Extension Project Section 35CCC, individuals and companies must follow these steps: Obtain approval from the National Committee: The agricultural extension project must be approved by the National Committee before any tax benefits can be claimed. Claim the deduction in the income tax return: The deduction can be claimed in the income tax return under the head ‘Business or Profession.’ Maintain proper records: Individuals and companies must maintain proper records of the investment made and the project’s progress to claim tax benefits. FAQs What is an agricultural extension project? Agricultural extension projects are those that aim to promote sustainable agriculture practices and the use of modern technologies and techniques in farming. Who is eligible for tax benefits under Expenditure on Agricultural Extension Project Section 35CCC? Individuals and companies that invest in agricultural extension projects approved by the National Committee are eligible for tax benefits under the scheme. How much tax deduction can be claimed under Expenditure on Agricultural Extension Project Section 35CCC? Individuals and companies can claim a tax deduction of up to 100% of the amount invested in agricultural extension projects. This deduction can be claimed for up to 5 consecutive years from the year of commencement of the project. Is there any limit on the amount of investment that can be made in agricultural extension projects? There is no limit on the amount of investment that can be made in agricultural extension projects. However, the tax deduction is limited to 100% of the amount invested. How can I apply for approval of my agricultural extension project? To apply for approval of an agricultural extension project, you can submit an application to the National Committee. The application should contain all the necessary details of the project, including its objectives, budget, and expected outcomes. What are the documents required to claim tax benefits under Expenditure on Agricultural Extension Project Section 35CCC? To claim tax benefits under the scheme, individuals and companies must maintain proper records of the investment made and the project’s progress. The documents required include: Proof of investment in the project Approval of the National Committee Progress reports of the project Conclusion Expenditure on Agricultural Extension Project Section 35CCC of Income Tax Act 1961 is a beneficial scheme for those who want to invest in agricultural extension projects. The scheme not only promotes sustainable agriculture practices but also provides tax benefits to individuals and companies. To claim tax benefits under the scheme, it is important to meet the eligibility criteria and follow the necessary procedures. Maintaining proper records of the investment made and the project’s progress is also important to claim tax benefits. Investing in agricultural extension projects can be a great way to contribute to the development of the agricultural sector while also availing of tax benefits. So, if you are planning to invest in such projects, make sure to consider the Expenditure on Agricultural Extension Project Section 35CCC of Income Tax Act 1961 scheme. Section 35CCC, of Income Tax Act, 1961 Section 35CCC, of Income Tax Act, 1961 states that (1) Where an assessee incurs any expenditure on agricultural extension project notified by the Board in this behalf in accordance with the guidelines as may be prescribed66, then, there shall be allowed a deduction of a sum equal to one and one-half times of such expenditure : Provided that for the assessment year beginning on or after the 1st day of April, 2021, the provisions of this sub-section shall have effect as if for the words “a sum equal to one and one-half times of”, the words “a sum equal to”

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Understanding Expenditure by Way of Payment to Associations and Institutions for Carrying Out Rural Development Programmes under Section 35CCA of Income Tax Act 1961 – Copy

Understanding Expenditure by Way of Payment to Associations and Institutions for Carrying Out Rural Development Programmes under Section 35CCA of Income Tax Act 1961

Introduction In India, the government has taken several steps to promote rural development and uplift the lives of people living in rural areas. One such step is the provision of Section 35CCA of the Income Tax Act, 1961, which allows taxpayers to claim deductions on their income tax for expenditure made by way of payment to associations and institutions for carrying out rural development programmes. This provision incentivizes taxpayers to contribute towards the development of rural areas while reducing their tax liability. Expenditure by way of payment to associations and institutions for carrying out rural development programmes under section 35CCA of Income Tax Act 1961 has several benefits. In this blog, we will discuss the provisions of Section 35CCA and the benefits it offers to both taxpayers and rural communities. We will also answer some frequently asked questions about this provision. Understanding Section 35CCA Section 35CCA of the Income Tax Act, 1961, was introduced in 2008 to encourage taxpayers to contribute towards the development of rural areas. According to this section, taxpayers can claim a deduction of 100% of the amount paid by way of expenditure to an association or institution for carrying out rural development programmes. The deduction is allowed in the year in which the payment is made. To claim this deduction, the following conditions must be met: The payment must be made to an association or institution that is engaged in carrying out rural development programmes. The association or institution must be approved by the National Committee for Promotion of Social and Economic Welfare or the National Committee for Minorities Education, as the case may be. The taxpayer must obtain a certificate from the association or institution, confirming that the amount has been spent for carrying out rural development programmes. It is important to note that this deduction is allowed only to taxpayers who are engaged in business or profession. Individuals who are not engaged in any business or profession are not eligible to claim this deduction. Benefits of Section 35CCA The provision of Section 35CCA offers several benefits to both taxpayers and rural communities. Let’s take a look at some of them: Benefits to Taxpayers Tax savings: Taxpayers can claim a deduction of 100% of the amount paid by way of expenditure to an association or institution for carrying out rural development programmes. This can result in significant tax savings for taxpayers. CSR compliance: Section 35CCA can also help companies meet their Corporate Social Responsibility (CSR) obligations. By contributing towards rural development programmes, companies can fulfil their CSR obligations and improve their public image. Benefits to Rural Communities Infrastructure development: The funds received by associations and institutions can be used for the development of infrastructure such as roads, bridges, and schools in rural areas. This can improve the quality of life for people living in rural areas. Skill development: Rural development programmes can also focus on skill development, which can help create employment opportunities for the rural population. This, in turn, can help reduce poverty and improve the overall economic condition of rural areas. Agricultural development: Rural development programmes can also focus on agricultural development, which can help improve agricultural productivity and increase the income of farmers. Frequently Asked Questions Q. Who is eligible to claim a deduction under Section 35CCA of the Income Tax Act, 1961? A. Taxpayers who are engaged in business or profession are eligible Q. Is there a limit on the amount that can be claimed as a deduction under Section 35CCA? A. No, there is no limit on the amount that can be claimed as a deduction under Section 35CCA. Q. Can the deduction be claimed for payments made to any association or institution engaged in rural development programmes? A. No, the association or institution must be approved by the National Committee for Promotion of Social and Economic Welfare or the National Committee for Minorities Education, as the case may be. Q. Is it mandatory to obtain a certificate from the association or institution confirming the expenditure made on rural development programmes? A. Yes, it is mandatory to obtain a certificate from the association or institution confirming the expenditure made on rural development programmes. Q. Can individuals who are not engaged in any business or profession claim a deduction under Section 35CCA? A. No, individuals who are not engaged in any business or profession are not eligible to claim a deduction under Section 35CCA. Conclusion The provision of Section 35CCA of the Income Tax Act, 1961, provides an excellent opportunity for taxpayers to contribute towards the development of rural areas while reducing their tax liability. It also offers several benefits to rural communities, such as infrastructure development, skill development, and agricultural development. By incentivizing taxpayers to contribute towards rural development programmes, the government is taking steps towards creating a more equitable and prosperous society. If you are engaged in business or profession and are looking for ways to reduce your tax liability while contributing towards social development, Section 35CCA can be an excellent option. However, it is important to ensure that the payments are made to approved associations or institutions and that the necessary certificates are obtained. By doing so, you can not only benefit from tax savings but also contribute towards the development of rural areas and uplift the lives of people living there. Section 35CCA, of Income Tax Act, 1961 Section 35CCA, of Income Tax Act, 1961 states that (1) Where an assessee incurs any expenditure by way of payment of any sum— (a)  to an association or institution, which has as its object the undertaking of any programme of rural development, to be used for carrying out any programme of rural development approved by the prescribed authority; or (b)  to an association or institution, which has as its object the training of persons for implementing programmes of rural development; or (c)  to a rural development fund set up and notified62-63 by the Central Government in this behalf; or (d)  to the National Urban Poverty Eradication Fund set up

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Understanding Expenditure by Way of Payment to Associations and Institutions for Carrying out Programmes of Conservation of Natural Resources Section 35CCB of Income Tax Act 1961

Understanding Expenditure by Way of Payment to Associations and Institutions for Carrying out Programmes of Conservation of Natural Resources Section 35CCB of Income Tax Act 1961

Introduction In today’s world, where global warming and climate change are becoming increasingly alarming, there is an urgent need for conservation of natural resources. Many countries have recognized this and have implemented laws and regulations to promote conservation. In India, the Income Tax Act 1961 has a provision, Section 35CCB, which encourages expenditure by way of payment to associations and institutions for carrying out programmes of conservation of natural resources. This section provides tax benefits for companies or individuals who make such payments. In this blog, we will discuss Section 35CCB in detail, its provisions, benefits, and other relevant aspects. What is Section 35CCB of the Income Tax Act 1961? Section 35CCB of the Income Tax Act 1961 provides tax benefits to companies or individuals who make payments to associations and institutions for carrying out programmes of conservation of natural resources. This section was introduced by the Finance Act, 2016, and became effective from the assessment year 2017-18. The main objective of this section is to promote conservation of natural resources by incentivizing payments made to associations and institutions that work towards this cause. Provisions of Section 35CCB Section 35CCB has the following provisions: Eligibility To claim tax benefits under Section 35CCB, the following eligibility criteria must be met: The payment must be made to an association or institution that is approved by the National Biodiversity Authority or the Central Government. The association or institution must use the payment for carrying out programmes of conservation of natural resources. The payment must be made on or after 1st April 2016. Nature of Expenditure The expenditure made by way of payment to associations and institutions must be towards the following programmes of conservation of natural resources: Afforestation or tree plantation Conservation of natural forests and wildlife Protection of flora and fauna, including conservation of critically endangered species Agro-forestry and sustainable agriculture practices Protection of water resources, including watershed management Conservation of wetlands and mangroves Conservation of marine and coastal ecosystems Conservation of natural heritage sites, such as national parks and sanctuaries Amount of Deduction The deduction allowed under Section 35CCB is equal to the expenditure made by way of payment to associations and institutions for carrying out programmes of conservation of natural resources. The maximum deduction allowed is 100% of the amount paid. However, the payment must be made by a mode other than cash to claim the deduction. Benefits of Section 35CCB Section 35CCB provides the following benefits: Tax benefits: Companies or individuals who make payments towards conservation of natural resources can claim a deduction under Section 35CCB. This reduces their taxable income and hence, their tax liability. Promotion of conservation: Section 35CCB promotes conservation of natural resources by incentivizing payments towards this cause. This encourages companies and individuals to contribute towards conservation efforts. Social responsibility: Making payments towards conservation of natural resources is a sign of social responsibility. It demonstrates a company’s commitment to sustainability and environmental protection. Frequently Asked Questions (FAQs) Who is eligible to claim a deduction under Section 35CCB? Ans. Companies or individuals who make payments to associations and institutions for carrying out programmes of conservation of natural resources are eligible  

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