any
income by way of dividends, 48a[other than dividends
referred to in section 115-O,] interest or long-term
capital gains of an infrastructure capital fund or an
infrastructure capital company 49[or a co-operative
bank] from investments made on or after the 1st day
of June, 1998 by way of shares or long-term finance
in 50[any enterprise or undertaking wholly engaged in
the business referred to in sub-section (4) of section
80-IA or a housing project referred to in sub-section
(10) of section 80-IB] and which has been approved51
by the Central Government on an application made by
it in accordance with the rules52 made in this
behalf and which satisfies the prescribed conditions.
53[Explanation 1.]For the purposes of this clause,
(a) infrastructure capital company means
such company as has made investments by way of acquiring
shares or providing long term finance to an enterprise
wholly engaged 54[in the business of
(i) developing; or
(ii) maintaining and operating; or
(iii) developing, maintaining and operating,
any infrastructure facility;]
(b) infrastructure capital fund means
such fund operating under a trust deed registered
under the provisions of the Registration Act,
1908 (16 of 1908) established to raise monies by the
trustees for investment by way of acquiring shares
or providing long-term finance to an enterprise wholly
engaged 54[in the business of
(i) developing; or
(ii) maintaining and operating; or
(iii) developing, maintaining and operating,
any infrastructure facility;]
(c) 55[***]
(d) long-term finance shall have the meaning
assigned to it in clause (viii) of sub-section (1)
of section 36;
56[(e) co-operative bank57 shall have
the meaning assigned to it in clause (dd) of section
2 of the Deposit Insurance and Credit Guarantee Corporation
Act, 1961 (47 of 1961);
(f) interest includes any fee or commission
received by a financial institution for giving any
guarantee to, or enhancing credit in respect of, an
enterprise which has been approved by the Central
Government for the purposes of this clause;]
58[Explanation 2.For the removal of doubts,
it is hereby declared that any income by way of dividends,
interest or long-term capital gains of an infrastructure
capital fund or an infrastructure capital company
from investments made before the 1st day of June,
1998 by way of shares or long-term finance in any
enterprise carrying on the business of developing,
maintaining and operating any infrastructure facility
shall not be included and the provisions of this clause
as it stood immediately before its amendment by the
Finance (No. 2) Act, 1998 (21 of 1998) shall apply
to such income;]