| Prescribed  conditions for deduction under sub-section (8A) of section  80-IB. 18DA.  (1) Any company carrying on scientific research and development shall be  eligible for deduction specified in sub-section (8A) of section  80-IB, if such company- (a)  is registered in India; (b)  has its main object the scientific and industrial research and development; (c)  has adequate infrastructure such as laboratory facilities, qualified manpower,  scale-up facilities and prototype development facilities for undertaking  scientific research and development of its own; (d)  has a well formulated research and development programme comprising of time  bound research and development projects with proper mechanism for selection and  review of the projects or programme; (e)  is engaged exclusively in scientific research and development activities leading  to technology development, improvement of technology and transfer of technology  developed by themselves; (f)  submits the annual return alongwith statement of accounts and annual report  within eight months after the close of each accounting year to the prescribed  authority. (2)  Every company which is approved under sub-rule (2) of rule 18D shall— (a)  sell any prototype or output, if any, from its laboratories or pilot plants with  the prior permission of the prescribed authority; (b)  intimate the change, if any, in its memorandum of association and articles of  association relating to its main objects and forward the altered copy of its  memorandum of association and articles of association to the prescribed  authority; (c)  apply for extension of the approval at least three months before expiry of the  approval already granted by the prescribed authority; (d)  have a system of monitoring the cost of research and development projects. (3)  If, at any stage, it is found that— (a)  the approval granted to the company referred to in sub-rule (2) of rule 18D is  to avoid payment of taxes by its group companies or companies related to its  directors or majority of its shareholders; (b)  any provisions of the Act or the rules have been violated, the  prescribed authority specified may withdraw the approval so granted. (4)  Every company referred to in sub-rule (1) shall make an application to the  prescribed authority for the purposes of obtaining approval. (5)  Every application referred to in sub-rule (4) shall be accompanied by— (a)  memorandum of association and articles of association incorporating all  amendments duly certified by the company secretary or managing director of the  company; (b)  annual report of the company for the last three years, if available; (c)  photocopies of the memorandum of understanding relating to all on-going and  future sponsored research projects or programmes. (6)  The prescribed authority may call for any information or document which may be  necessary for consideration of the grant of approval under sub-rule (2) of rule  18D. (7)  The prescribed authority shall grant approval within four months from the date  of receipt of the application : Provided  that where the approval is not granted, the decision of the said authority shall  be communicated to the applicant within the said period of four months : Provided  further that no approval shall be refused unless the applicant has been given an  opportunity of being heard.] |